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GENEALOGY COLLECTION 



HLLCIN l^UUm I fUBLIb LIDMAn T 



3 1833 00828 6632 



1 


Digitized by 


the Internet Archive 








in 2013 







http://archive.org/details/collectionsofkan13kans_0 



IF 

.1 

11 



COLLECTIONS 

OF THE 

KANSAS 
STATE HISTORICAL SOCIETY. 
1918-1914 

TOGETHER WITH 

ADDRESSES AT ANNUAL MEETINGS, MEMORIALS, AND 
MISCELLANEOUS PAPERS 



Edited by WILLIAM E. CONNELLEY, Secretary 



VOTi, XTTT 



A 

9n. i 

V ' I ** KANSAS STATE PRINTING PLANT. 

W. R. Smith, State Printer. 
TOPEKA. 1915. 

6-217 



1214.029 



OFFICERS FOR 1915. 



J. N. Harrison, Ottawa President. 

Charles F. Scott, Iola First Vice President. 

Charles S. Gleed, Topeka Second Vice President. 

William E. Connelley, Topeka Secretary. 

Miss Clara Francis, Topeka Librarian. 

Mrs. Mary Embree, Topeka Treasurer. 



PAST PRESIDENTS OF THE SOCIETY. 



*Samuel A. Kingman, Topeka. 1876 

*George A. Crawford, Fort Scott 1877 

*John A. Martin, Atchison 1878 

*Charles Robinson, Lawrence 1879-1880 

*T. Dwight Thacher, Lawrence 1881-1882 

*Floyd P. Baker, Topeka 1883-1884 

*Daniel R. Anthony, Leavenworth. . 1885-1886 

*Daniel W. Wilder, Hiawatha 1887 

*Edward Russell, Lawrence 1888 

* William A. Phillips, Salina. 1889 

*Cyrus K. Holliday, Topeka 1890 

*James S. Emery, Lawrence 1891 

*Thomas A. Osborn, Topeka 1892 

*Per rival G. Lowe, Leavenworth 1893 

*Vincent J. Lane, Kansas City 1894 

*Solon O. Thacher, Lawrence 1895 

*Edmund N. Morrill, Hiawatha 1896 

*Harrison Kelly, Burlington 1897 



^Deceased. 



*John Speer, Lawrence 1898 

*Eugene F. Ware, Kansas City 1899 

*John G. Haskell, Lawrence 1900 

John Francis, Colony 1901 

William H. Smith, Marysville 1902 

* William B. Stone, Galena 1903 

*John Martin, Topeka 1904 

*Robert M. Wright, Dodge City 1905 

*Horace L. Moore, Lawrence 1906 

* James R. Mead, Wichita 1907 

George W. Veale, Topeka 1908 

*George W. Glick, Atchison 1909 

Albe B. Whiting, Topeka. 1910 

Edwin C. Manning, Winfield 1911 

William E. Connelley, Topeka 1912 

David E. Ballard, Washington 1913 

John N. Harrison, Ottawa 1914-1915 



(iii) 



iv 



Kansas State Historical Society. 
BOARD OF DIRECTORS. 



FOR THREE YEARS 

Campbell, A. M., jr., Salina. 

Case, Alex E., Marion. 

Connelley, William E., Topeka. 

Fagerberg, Oscar, Olsburg. 

Feder, W. P., Great Bend. 

Fisher, J. W., Topeka. 

Flenniken, B. F., Topeka. 

Gleed, Charles S., Topeka. 

Gray, John M., Kirwin. 

Harris, John P., Ottawa. 

Humphrey, James V., Junction City. 

Huffman, Charles S., Columbus. 

Hyde, Arthur M., Topeka. 

Johnson, Mrs. Elizabeth A., Courtland. 

Little, James H., La Crosse. 

McCarter, Mrs. Margaret Hill, Topeka. 

McKeever, Edwin D., Topeka. 

FOR THREE YEARS 

Akers, Earl, Stafford. 

Ballard, David E., Washington. 

Bonebrake, P. I., Topeka. 

Brooks, H. K., Topeka. 

Brougher, Ira D., Great Bend. 

Bumgardner, Edward, Lawrence. 

Byers, O. P., Hutchinson. 

Clark, Elon S. Topeka. 

Coney, P. H., Topeka. 

Cron, F. H., El Dorado. 

Curtis, Charles, Topeka. 

Everhardy, J. L., Leavenworth. 

Fairfield, S. H., Alma. 

Klein, Paul, Iola. 

Frost, John E., Topeka. 

Hall, Mrs. Carrie A., Leavenworth. 

Hays, Robert R., Osborne. 



ENDING OCTOBER, 1915. 

McMillan, Harry, Minneapolis. 

Doran, T. F., Topeka. 

Morgan, W. A., Cottonwood Falls. 

Pierce, A. C, Junction City. 

Purcell, Mrs. Elizabeth H., Manhattan. 

Ruppenthal, J. C, Russell. 

Smith, E. D., Meade. 

Smith, W. H., Marysville. 

Shields, J. B., Lost Springs. 

Spilman, A. C., McPherson. 

Stone, Robert, Topeka. 

Stubbs, W. R., Lawrence. 

Vandegrift, F. L., Kansas City, Mo. 

Wagstaff, D. R., Salina. 

Whitcomb, George H., Topeka. 

Wilder, Mrs. Charlotte F., Manhattan. 



ENDING OCTOBER, 1916. 

Jacobs, John T., Council Grove. 
Jaedicke, August, jr., Hanover. 
Jewett, E. B., Wichita. 
Kimball, F. M., Topeka. 
Lambertson, W. P., Fair view. 
MacDonald, John, Topeka. 
Manning, E. C, Winfield. 
Orr, James W., Atchison. 
Price, Ralph R., Manhattan. 
Horton, Mrs. Mary, Topeka. 
Scott, Charles F., Iola. 
Slonecker, J. G., Topeka. 
Stewart, J. H., Wichita. 
Troutman, James A., Topeka. 
Whiting, Albe B., Topeka. 
Woolard, Samuel F., Wichita. 



FOR THREE YEARS ENDING OCTOBER, 1917. 



Anthony, D. R., jr., Leavenworth. 

Arnold, Miss Anna E., Cottonwood Falls. 

Brewster, S. W., Chanute. 

Bullard, Mrs. Cora W., Tonganoxie. 

Capper, Arthur, Topeka. 

Chandler, Charles H., Topeka. 

Coburn, F. D., Topeka. 

Cory, Charles E., Fort Scott. 

Crawford, George M., Topeka. 

Denison, W. W., Topeka. 

Monroe, Mrs. Lilla Day, Topeka. 

Greene, Albert R., Stevenson, Wash. 

Harrison, J. N., Ottawa. 

Henderson, Robert D., Junction City. 

Hodder, F. H., Lawrence. 

Hogin, John C, Belleville. 

Huron, George A., Topeka. 



Ingalls, Sheffield, Atchison. 
Johnston, Mrs. Lucy B., Minneapolis. 
Keeling, Henry C, Caldwell. 
Kennedy, Thomas B., Junction City. 
Kingman, Miss Lucy D., Topeka. 
McNeal, Thomas A., Topeka. 
Markham, O. G., Baldwin. 
Miller, John, Cottonwood Falls. 
Morehouse, George P., Topeka. 
Nicholson, John C, Newton. 
Plumb, George, Emporia. 
Simmons, J. S., Hutchinson. 
Stone, George M., Topeka. 
Thompson, W. A. L., Topeka. 
Van Tuyl, Mrs. Effie H., Leavenworth. 
Waggener, Balie P., Atchison. 



Kansas State Historical Society. 



v 



LIFE MEMBERS 

Adams, J. B., El Dorado. 
Albaugh, Morton, Topeka. 
Alden, Maurice L., Kansas City. 
Anderson, R. M., Beloit. 

Anderson, Theodore W., Minneapolis, Minn. 

Anderson, Thomas, Salina. 

Anthony, Daniel R., jr., Leavenworth. 

Auerbach, A. H., Topeka. 

Bailey, Willis J., Atchison. 

Ballard, Clinton David, Barnes. 

Ballard, David E., Washington. 

Banker, Louis, Russell. 

Bennett, Arthur H., Topeka. 

Bennett, Henry, Topeka. 

Benton, Otis L., Oberlin. 

Berryman, J. W., Ashland. 

Bernhardt, Christian, Lincoln. 

Bishop, John L., High Grove, Cal. 

Bonebrake, P. I., Topeka. 

Brooks, Harry K., Topeka. 

Brougher, Ira D., Great Bend. 

Bullard, Mrs. Cora Wellhouse, Tonganoxie. 

Burge, N. B., Topeka. 

Burkholder, E. R., McPherson. 

Byers, Otto F., Hutchinson. 

Cain, W. S., Atchison. 

Campbell, Alexander M., jr., Salina. 

Campbell, J. W., Plevna. 

Capper, Arthur, Topeka. 

Capuchins Fathers, Victoria. 

Carey, Emerson, Hutchinson. 

Carson. C. W., Ashland. 

Chandler, Charles H., Topeka. 

Christiansen, Lewis, Smoky Hill. 

Clark, Elon S., Topeka. 

Clarke, Fred B., Seattle, Wash. 

Clarke, Genevieve S., Blue Mound. 

Cloud County Teachers' Assoc., Concordia. 

Coburn, F. D., Topeka. 

Cole, Redmond S., Pawnee, Okla. 

Coleman, Mrs. Mary O. D., Manhattan. 

Connelley, William E., Topeka. 

Cornell, Mrs. Annie M. S., Kansas City. 

Cory, Charles E., Fort Scott. 

Crane, David O., Topeka. 

Crawford, George M., Topeka. 

Cron, F. H., El Dorado. 

Crosby, E. H., Topeka. 

Crosby, W. T., Topeka. 

Curtis, Charles, Topeka. 

Daughters of Founders and Patriots of Amer- 
ica (Kansas State Society), Leavenworth. 
Davidson, C. L., Wichita. 
Dean, John S., Topeka. 
Denison, W. W, Topeka. 
De Rigne, Haskell, Kansas City. 
Eunice Sterling Chapter, D. A. R., Wichita. 
Evans, William J., Iola. 
Everhardy, Dr. J. L., Leavenworth. 
Fairbanks, David R., N. Yakima, Wash. 
Foley, C. F., Topeka. 
Frizell, E. E., Larned. 
Frost, John E., Topeka. 
Gardner, Theodore, Lawrence. 
Gleed, Charles S., Topeka. 
Goodlander, Elizabeth C, Fort Scott. 
Gray, John M., Kirwin. 
Greene, Albert R., Stevenson, Wash. 
Hall, Mrs. Carrie A., Leavenworth. 
Hall, John A., Pleasanton. 
Hamer, Robert M., Emporia. 
Hanna, D. J., Salina. 
Harper, Josephine C, Manhattan. 



OF THE SOCIETY. 

Harris, John P., Ottawa. 

Harris, Kos, Wichita. 

Harrison, John N., Ottawa. 

Haseltine, Wm. M., Olney, 111. 

Haskins, Samuel B., Olathe. 

Healy, Michael J., Lincoln. 

Hinshaw, John E., Emporia. 

Hite, D. R., Topeka. 

Hobble, Frank A., Dodge City. 

Hornaday, Grant, Fort Scott. 

Humphrey, James V., Junction City. 

Humphrey, Mrs. Mary V., Junction City. 

Huron, George A., Topeka. 

Hutchison, Wm. Easton, Garden City. 

Hyer, Charles Henry, Olathe. 

Jacobs, John T., Council Grove. 

Jaedicke, August, jr., Hanover. 

Jaussi, Bertha E., Baker. 

Jewett, Edward B., Wichita. 

Johnson, Mrs. Elizabeth A., Courtland. 

Johnson, George, Courtland. 

Johnston, Mrs. Lucy B., Minneapolis. 

Johnston, W. A., Minneapolis. 

Jones, Lawrence M., Kansas City, Mo. 

Kagey, C. L., Beloit. 

Karlan, C. A., Topeka. 

Keeling, Henry C, Caldwell. 

Kellough, Robert W., Tulsa, Okla. 

Kennedy, Thos. B., Junction City. 

Kimball, F. M., Topeka. 

Krouch, Mark, Larned. 

Lacey, John T., Sharon Springs. 

Lee, Thomas Amory, Boston, Mass. 

Lewis, Fred, Marion. 

Lindas, Ed. S., Larned. 

Little, Flora W., La Crosse. 

Little, James H., La Crosse. 

Lininger, W. H., Evanston, 111. 

Locknane, Chas. S., Topeka. 

Long, Chester I., Wichita. 

Loomis, Mrs. Christie Campbell, Omaha, Neb 

Loomis, Nelson H., Omaha, Neb. 

Low, Marcus A., Topeka. 

Lower, George Levi, Republic City. 

Lower, Mrs. Mamie L., Republic City. 

Lower, Wm. S., Republic City. 

McAfee, Henry W., Topeka. 

McDonald, W. S., Fort Scott. 

McFarland, Horace E., St. Louis, Mo. 

McGonigle, James A., Leavenworth. 

McGregor, Mrs. Leonora G., Wichita. 

McKercher, F. B., Walloon Lake, Mich. 

Mackey, W. H., jr., Kansas City. 

McMillan, Harry, Minneapolis. 

Manning, Edwin C, Winfield. 

Marshall, Daniel B., Lincoln. 

Martin, Amos Cutter, Chicago, 111. 

Martin, Charles Coulson, Kansas City. 

Martin, Donald Ferguson, Kansas City. 

Martin, George Haskell, Kansas City. 

Martin, John E., Emporia. 

Martin, Wm. Haskell, Kansas City. 

Mead, James Lucas. Chicago, 111. 

Menninger, C. F., Topeka. 

Metcalf, Wilder S., Lawrence. 

Miller, John, Cottonwood Falls. 

Miller, W. I., Topeka. 

Mills, Arthur M., Topeka. 

Monroe, Lee, Topeka. 

Monroe, Mrs. Lilla Day, Topeka. 

Moore, R. F., Topeka. 

Morehouse, George P., Topeka. 

Morgan, Isaac B., Kansas City. 



vi 



Kansas State Historical Society. 



LIFE MEMBERS OF THE SOCIETY.— Concluded. 



Morgan, W. A., Cottonwood Falls. 

Mulvane, David W., Topeka. 

Mulvane, John R., Topeka. 

Myers, Frank E., Whiting. 

Naftzger, M. C, Wichita. 

Neilson, Nonie, Coffeyville. 

Nellis, Luther McAfee, Los Angeles, Cal. 

Nellis, Mrs. Virginia McAfee, Topeka. 

Nicholson, John C, Newton. 

Noble, Dorothy E., Wichita. 

Norton, Jonathan D., Topeka. 

Orr, James W., Atchison. 

Orr, Mrs. Jennie Click, Atchison. 

Peacock, A. S., Wa Keeney. 

Penwell, L. M., Topeka. 

Pierce, Alfred C, Junction City. 

Pierce, Francis L., Lakin. 

Plumb, A. H., Emporia. 

Plumb, George, Emporia. 

Plumb, Mrs. Preston B., Emporia. 

Potter, Thomas M., Peabody. 

Prentis, Mrs. Caroline E., Topeka. 

Price, Ralph R., Manhattan. 

Radges, Sam, Topeka. 

Richards, J. F., Kansas City, Mo. 

Rightmire, Wm. E., Topeka. 

Robinson, A. A., Topeka. 

Rockwell, Bertrand, Kansas City, Mo. 

Roenigk, Adolph, Lincoln. 

Root, George A., Topeka. 

Ruppenthal, J. C, Russell. 

Schmidt, Carl B., Chicago, 111. 

Schoch, Wm. F., Topeka. 



Shields, Clara M., Lost Springs. 
Shields, Joseph B., Lost Springs. 
Simpson, Samuel N., Kansas City. 
Slonecker, J. G., Topeka. 
Smith, Ezra Delos, Meade. 
Smith, Mrs. Caroline A., Manhattan. 
Smith, R. B., Erie. 
Smyth, Mrs. Lumina C. R., Topeka. 
Spilman, A. C, McPherson. 
Stevens, Culbertson, Abilene. 
Stewart, James H., Wichita. 
Stewart, Judd, New York, N. Y. 
Stone, Eliza May, Galena. 
Stone, George, Topeka. 
Stover, Lute P., Iola. 
Stubbs, Walter R., Lawrence. 
Sweet, Timothy B., Topeka. 
Thatcher, Geo. W., Great Bend. 
Thompson, W. A. L., Topeka. 
Travis, Frank L., Iola. 
Waggener, Balie P., Atchison. 
Wayman, Will, Emporia. 
Watson, W. W., Salina. 
Wells, Ira K., Seneca. 
Whitcomb, Geo. H., Topeka. 
Whiting, Albe B., Topeka. 
Whiting, Thomas W., Council Grove. 
Wilford, Mrs. R., Republic City. 
Woolard, Samuel F., Wichita. 
Wooster, Lizzie E., Salina. 
Wooster, O. O., Beloit. 

Total number, 211. 



LIFE MEMBERS OF THE SOCIETY, DECEASED. 



Anthony, Daniel R., Leavenworth. 
Arnold, Mrs. Louisa C, Topeka. 
Bigger, L. A., Hutchinson. 
Bochemohle, W. Leo, Ellinwood. 
Cole, George E., Topeka. 
Conover, John, Kansas City, Mo. 
Crawford, Samuel J., Topeka. 
Fairfield, S. H., Alma. 
Fike, J. N., Colby. 
Gilmore, John S., Fredonia. 
Halderman, John A., Washington, D. C. 
Haskell, John G., Lawrence. 
Haskell, Wm. W., Kansas City. 
Havens, Paul E., Leavenworth. 
Hendricks, Mrs. Lillian A., Cherryvale. 



Holliday, Cyrus K., Topeka. 
Humphrey, Lyman U., Independence. 
Kimball, E. D., Wichita. 
Lowe, P. G., Leavenworth. 
Martin, George W., Topeka. 
Mead, James R., Wichita. 
Morrill, Edmund N., Hiawatha. 
Peterson, Cyrus A., St. Louis, Mo. 
Ridenour, Peter D., Kansas City, Mo. 
Ruppenthal, Mrs. Sarah Spalding, Russell. 
Seaton, John, Atchison. 
Smyth, B. B., Topeka. 
Stone, Wm. B., Galena. 
Thacher, Solon O., Lawrence. 



ANNUAL MEMBERS 

Abilene. — Charles M. Harger, C. C. Wyandt. 
Ann Arbor, Mich. — Glenn D. Bradley, John L. 

Osborn. 
Anthony. — L. G. Jennings. 
Arkansas City. — Ed. F. Green, Thomas Baird. 
Ashland.— Robert C. Mayse. 
Atchison. -Mrs. John J. Ingalls, Sheffield In- 

galls. 

Axtell. — Albert P. Simpson, S. S. Simpson. 

Baileyville. — R. M. Bronaugh. 

Baldwin. —Charles E. Beeks, O. G. Markham. 

Baltimore, Md. Henry C. Conway. 

Bavaria. Theodore H. Terry. 

Belleville. -John C. Hogin. 

Beloit. Lewis I). Heil. 

Caney. — George H. Wark. 

Catharine. — William Grabbe. 

Cedar Rapids. Iowa. Luther A. Brewer, Wil- 
liam II. Miner. 

Chanute. — Lillie M. Chilson, J. E. Plummer, 
H. P. Family, S. W. Brewster. 



OF THE SOCIETY. 

Chicago, 111.— Charles H. Rhodes. 
Colby. — Alice Bieber. 
Colony. — John Francis. 

Cottonwood Falls. — Arch Miller, W. C. Austin 

Carrie Breese. 
Council Grove. — George W. Coffin. 
Denver, Colo. — Jerome C. Smiley. 
Dunlap. — J. H. Borror. 
Edwardsville. — George D. Rathbun. 
Elgin, 111.— Dr. Sarah C. Hall. 
Ellis. — H. C. Raynesford, J. E. Chamberlain, 

Florence Healey. 
Elmdale. — Robert Brash. 

Emporia. — Laura M. French, Mrs. G. W. New- 
man, Mabel H. Edwards, F. M. Arnold, 
Harrison Parkman, Mary A. Whitney, 
Carleton E. Knox, F. S. Perkins. 

Enterprise. — James Frey. 

Erie.— L. Stillwell, Seth G. Wells, Alfred Q. 

Wooster, C. C. Dutton, L. S. Cambern. 
Fort Dodge. — John R. Cook. 



Kansas State Historical Society. 



vii 



ANNUAL MEMBERS OF 1 

Fort Scott. — Edward E. Dix, Ralph Richards. 

Fredonia. — Thomas C. Babb. 

Fremont. — Rev. J. P. Aurelius. 

Galena. — Mrs. Irene W. Stone. 

Gardner. — John R. Atwood. 

Goodland. — Mrs. Eva M. Murphy. 

Great Bend. — Edwin Tyler, Dr. H. E. Lindas. 

Greensboro, N. C. — J. H. Beach. 

Harris. — Edward T. Fay. 

Hays. — Mrs. W. D. Philip, Ward W. Sullivan, 

Library, Fort Hays Kansas Normal School. 
Herington. — Robert Sutherland. 
Hiawatha. — M. G. Ham. 
Holton.— Jesse B. Bumgardner. 
Home City.— M. M. Schmidt. 
Horton. — Jules A. Bourquin. 
Hugoton. — E. B. McConnell. 
Hutchinson. — J. S. Simmons, John M. Kinkel, 

R. G. Streeter, J. Lee Dick, J. O. Hall. 
Independence. — Mrs. G. T. Guernsey, Thomas 

E. Wagstaff. 
Iola. — A. H. Campbell, Paul Klein, Baxter D. 

McClain. 

Jewell City. — Lillian Forrest, R. C. Postle- 
thwaite. 

Junction City. — Elizabeth Henderson, Robert 
D. Henderson, Rev. A. H. Harshaw, 
George W. Chase, C. H. Trott, H. M. 
Pierce, A. D. Jellison, Rev. John Enda- 
cott. 

Kansas City, Kan.— C. L. Brokaw, Thomas J. 
Barker, Mark M. Howe, William Blodgett, 
Winfield Freemen, E. C. Little, U. S. 
Guyer, George R. Allen, L. C. Cook, W. 
W. Gordon, F. D. Coburn II. 

Kansas City, Mo. — F. M. Brigham, Charles H. 
Moore, Milton Moore, Willard R. Doug- 
lass, E. W. Morgan. 

Kinsley. — E. T. Bidwell. 

La Crosse. — Frank U. Russell. 

Larned. — Mrs. Laura P. V. Doerr, Mrs. Jose- 
phine R. Wickwire. 

Lawrence. — Dr. Edward Bumgardner, Mary P. 
Clarke, Percival S. Kriegh, Mrs. Philip S. 
Kriegh, Hobart R. Kriegh, Frank H. Hod- 
der, C. H. Tucker, Mrs. Anna W. Arnett, 
Robert C. Rankin, Rev. E. E. Stauffer, 
Hanna P. Oliver, J. P. Cone, William L. 
Burdick. 

Lenexa. — J. M. Schlagel. 

Long Beach, Cal. — Rexford Newcomb. 

Los Gatos, Cal.— W. J. Meridith. 

Lyndon. — L. T. Hussey. 

McPherson. — Rev. Gustav A. Dorf. 

Manhattan. — Mrs. Anna E. Blackman, J. W. 
Searson, Mrs. C. B. Daughters, John V. 
Cortelyou, F. B. Elliott, Nellie F. Elliott, 
Mrs. J. A. Koller, E. B. Purcell, Mrs. 
Elizabeth H. Purcell, Mrs. Charlotte F. 
Wilder, Raymond G. Taylor, Harriett A. 
Parkerson, Rev. John M. White, John 
Tennant, S. M. Fox, Mrs. Flora M. Allen, 
Rev. William Knipe, C. A. Scott. 

Mankato. — D. H. Stafford, Lewis H. Stafford. 

Marion. — W. H. Roberts, Alex E. Case, E. 
Baxter, Taylor Riddle. 

Marysville. — W. H. Smith. 

Moline, 111.— J. B. Oakleaf. 

Ness City. — Fred B. Morse. 

Newton. — Mrs. Gaston Boyd, P. M. Hoising- 
ton. 

New York, N. Y.— Ed F. Burnett. 
Norman, Okla. — Joseph B. Thoburn. 
Norton. — L. H. Thompson. 
Olathe. — George H. Timanus, Isaac Fenn, John 

P. St. John, H. L. Burgess, D. P. Hougland, 

Ed Blair, J. B. Bruner. 
Olsburg. — Oscar Fagerberg. 
Osage City. — Mrs. Ida M. Ferris. 
Osawatomie. — Mrs. J. B. Remington. 
Osborne.— Robert R. Hays, J. K. Mitchell, 

W. A. Layton. 



[E SOCIETY— Concluded. 

Oswego. — Robert H. Montgomery. 
Ottawa. — L. C. Stine, Jasper Morris. 
Pawnee. — Johnson Brothers. 
Pittsburg. — Mrs. E. H. Chapman, W. D. Syl- 
vester. 

Pleasanton. — Jessie B. Smith. 

Portis. — Mrs. Harriet D. Farnsworth. 

Puyallup, Wash.— Theo. H. Scheffer. 

Riley.— Clement White. 

Rockford, 111. — Mrs. D. W. Wilder. 

Rose Hill, Iowa.— L. F. Howell. 

St. Joseph, Mo. — S. E. Connely. 

St. Louis, Mo. — William H. H. Tainter. 

Salina. — Luke F. Parsons, Dan R. Wagstaff 

Mrs. Galdys E. Hill, George M. Hull, w! 

C. Lansdon, H. H. F. Sudendorf, M. L. 

Mitchell, Jessie Johnson, T. W. Carlin 

J. J. Eberhardt. 
Sedan. — Frank S. Shukers. 
Shell, Wy.— William M. Bradley. 
South Pasadena, Cal. — H. A. Perkins. 
Spring Hill. — George S. Sowers. 
Stafford.— G. W. Akers, Earl Akers. 
Sterling.— W. Q. Elliott. 

Syracuse. — George Getty, Mrs. Caroline E. 

Barber, Evelin P. Barber. 
Tampa. — E. F. Anderson, P. H. Meehan, W. R. 

Guth. 

Topeka.— W. W. Bowman, P. H. Coney, E. L. 
Copeland, B. F. Flenniken, J. W. Fisher, 
Clara Francis, Peter Fisher, T. F. Garber, 
Mrs. Mary Embree, Arthur M. Hyde, 
Howell Jones, Lucy D. Kingman, A. W. 
Knowles, W. A. Smith, George W. Weed 
J. G. Waters, J. G. Wood, Ferd J. Funk', 
W. P. Montgomery, J. P. Davis, Mrs. 
Ward Burlingame, O. W. Bronson, O. L. 
Moore, H. S. Morgan, James A. Troutman, 
J. S. West, F. G. Willard, Rev. John A. 
Bright, Samuel T. Howe, Clad Hamilton, 
Charles L. Mitchell, A. G. Hanback, Mrs. 
Malvina G. Lord, L. W. Wilson, Charles 
E. Eldridge, Byron H. Davis, J. S. Long- 
shore, John L. Bagby, jr., Mrs. Jane A. 
Carter, Mrs. Mary Horton, J. W. Priddy, 
C. H. Titus, A. M. Thoroman, Mrs. H. H. 
Shelton, Mrs. M. Weightman, Mrs. Lucy 
B. Milliken, John S. Rhodes, Mrs. M. J. 
Shankle, Etta M. Covell, Wilson C. Whee- 
ler, S. N. Hawkes, Mrs. Lucy Green 
Mason, O. J. Wood, Theo. A. Wilkie, C. 
E. Hempstead, D. C. Harbaugh, W. C. 
Keiser, W. A. S. Bird, Mrs. F. C. Mont- 
gomery, Stephen J. Spear, W. W. Smith, 
Will J. Russell, A. E. Helm, Clyde W. 
Miller, L. C. Bailey, E. C. Arnold. 

Troy. — W. B. Montgomery. 

Wakarusa. — Stephen Smerchek. 

Wakefield.— John P. Marshall, Will P. K. 
Gates. 

Wallace. — Thomas Madigan. 
Wamego. — Maurice L. Stone. 
Washington, D. C— Dr. H. M. Hamblin. 
Washington. — August Soller, Albert W. Soller, 

R. W. Hitchcock. 
Wellington. — M. R. McLean, Glenn Willett, 

Mona Willis, C. E. Jackson, Byron F. 

Wynn, W. H. Burks, E. B. Roser, H. W 

Herrick, Mrs. W. H. Maddy. 
White Cloud. — Mark E. Zimmerman. 
Wichita.— Mrs. C. W. Bitting, Henry C. Sluss, 

E. A. Dorsey. 
Wilson. — F. J. Swehla, J. W. Somer, Frank 

Sibrava, H. W. Weber. 
Winfield. — James McDermott, Jesse Hiatt, 

Minnie J. Oliverson. 
Woodston. — Minnie Bruton. 
York, Neb. — Joseph S. Phebus. 
York, Pa. — Dr. I. H. Betz. 

Total number, 308. 



viii 



Kansas State Historical Society. 



CONTENTS. 

page 



Errata X 

George Washington Martin, a Biographical Sketch, by P. W. Morgan, 1 
Eugene Fitch Ware, presentation of Bronze Bust of Mr. Ware to the 

Historical Society, by C. S. Gleed, of Topeka 19 

Acceptance of Bronze Bust of Mr. Ware, on behalf of the Historical 

Society, by W. E. Connelley, Secretary 42 

Ware as a Literary Man, by C. E. Cory, of Fort Scott 52 

Eugene Ware, by Judge J. S. West, of Topeka 65 

Edward Wanshear Wynkoop, by E. E. Wynkoop, of Stockton, Cal . ... 71 
Biographical Sketch of John Nelson Holloway, by G. W. Johnston, of 

Carancahua, Texas >....' 80 

A Descendant of Freemen, by Capt. Clad Hamilton, of Topeka 90 

The Supreme Court of the State of Kansas, by E. A. Austin, of Topeka . . 95 

The Topeka Movement 125 

Some Notes on the Territorial History of Kansas, by F. B. Sanborn, of 

Concord, Mass 249 

A Reply to Ely Moore, jr 266 

The Lane Trail, by W. E. Connelley, Secretary 268 

The True History of the Branson Rescue, by C. H. Dickson 280 

Experiences of a Pioneer Missionary, by Rev. C. R. Rice, of Hartford, 

Kansas * 298 

Memoirs of a Pioneer Missionary and Chaplain in the United States 

Army, by Rev. Hiram Stone 319 

Reminiscences of the Early Settlement of Dragoon Creek, Wabaunsee 

County, by S. J. Spear, of Topeka 345 

Reminiscences by the Son of a French Pioneer, by L. C. Laurent, of 

Denver, Colo 364 

Abram B. Burnett, Pottawatomie Chief 371 

The Ottawa Indians in Kansas and Oklahoma, by J. B. King 373 

Some Reminiscences of the Frontier, by Dr. A. N. Ellis 379 

Recollections of an Interview with Cochise, Chief of the Apaches, 

by Dr. A. N. Ellis 387 

History as an Asset of the State, by W. E. Connelley, Secretary 393 

The George Smith Memorial Library, by G. W. Martin 399 

Woodson County Courthouse, by Judge Leander Stillwell, of Erie 408 

National Aspects of the Old Oregon Trail, by W. E. Connelley, Secretary, 415 

Historical Verity, by 0. G. Villard, of New York 423 

What I Saw of the Quantrill Raid, by A. R. Greene, of Stevenson, Wash., 430 
The Rehabilitation of the Santa Fe Railway System, by C. S. Gleed, 

of Topeka 451 

Bohemians in Central Kansas, by F. J. Swehla 469 

The German Element in Central Kansas, by J. C. Ruppenthal, of 

Russell 513 

The Eighteenth Kansas Volunteer Cavalry and Some Incidents Con- 
nected with its Service on the Plains, by H. L. Burgess, of Olathe . . 534 
Reminiscences of an Old Civil Engineer, by G. M. Walker 539 



Kansas State Historical Society. ix 
ILLUSTRATIONS AND MAPS. 



Frontispiece — Joel K. Goodin. page 

George W. Martin 2 

Bronze Bust, Eugene F. Ware 18 

C.E.Cory.... * m 

Judson S. West 65 

Certificate, Denver City Town Company 73 

John Nelson Holloway 80 

Edmund Boltwood 91 

Judge Edwin A. Austin 96 

The Kansas Supreme Court, 1915 108 

Thomas Ewing, First Chief Justice, Kansas Supreme Court 112 

Nelson Cobb, Second Chief Justice, Kansas Supreme Court 113 

General James H. Lane, Chairman Executive Committee of Kansas . . . 126 

G. W. BroWn, Editor Herald of Freedom 131 

Facsimile of Tally List, election of December 15, 1855 146 

Treasury Warrant issued by the Executive Committee. (Facsimile of 

original belonging to the State Historical Society.) 148 

Treasury Warrant issued by the Executive Committee. (Facsimile of 

original belonging to the State Historical Society.) 151 

Certificate, Free-State Kansas Fund. (Facsimile of original belonging 

to State Historical Society.) 152 

Official Certificate of G. W. Brown. (Facsimile of original belonging 

to State Historical Society.) 154 

Facsimile of first page of Autographs. (Members first Constitutional 

Convention.) 163 

The Lane Trail Across the State of Iowa, opposite 268 

Alfred C. Pierce 271 

Preston B. Plumb 273 

The Lane Trail Through Kansas and Nebraska, Used as the Under- 
ground Railroad, opposite 276 

Map Illustrating Branson Rescue 287 

Joseph Badger King 374 

Mrs. Jane Phelps 374 

Mrs. Catherine King 375 

Louis King 375 

Oswald Garrison Villard 424 

Albert R. Greene 430 

Charles S. Gleed, facing 451 

Francis J. Swehla 469 

Map of Counties in Kansas containing principal Bohemian settlements, 475 

Mr. and Mrs. F. A. Swehla and daughter Rosa 478 

Members Kansas Grand Lodge Bohemian-Slavonian Benevolent 

Society 488 

Home of Joseph Peterka, Lincoln county, Kansas 491 

East School District No. 10, Ellsworth county 492 

Vincent Hubalek 500 

H. L. Burgess 535 



X 



Kansas State Historical Society. 



ERRATA. 



Page 1. — Line 13 from bottom of text, read "Juniata" instead of "Juanita." 
Page 15. — Line 3 from bottom of page, read "contact" instead of "con- 
tract." 

Page 25. — Line 20 from top of page, read "One" instead of "On a." 
Page 30. — Line 22 from top of page, read "Artemus Ward" instead of 
"Artemus War." 

Page 101. — Line 3 from top of page, read "Hon. W. A. Johnson" instead of 

"Hon. W. A. Johnston." 
Page 132. — Line 2 from bottom of page, insert "Ela, " before " Josiah Miller." 
Page 132. — Line at bottom of page, insert "Foster/' before "J. P. Fox." 
Page 253. — Line 1 at bottom of page, read "A. Larzelere" instead of "A. 

Larselere." 

Page 261. — Line 9 from top of page, read " Charlestown" instead of "Charles- 
ton." 

Page 298. — Line 11 from bottom of text, read "Anderson" instead of 
" Aderson. " 

Page 300. — Line 11 from bottom of page, read "Linn" instead of "Lynn." 
Page 320. — Line 22 from bottom of page, read "St. Matthias" instead of 
St. Matthis." 

Page 355. — Line 20 from top of page, read "Marais des Cygnes" instead of 

"Marias des Cygnes." 
Page 363.— Line 18 from bottom of text, read "1857" instead of "1856." 
Page 466. — Line 18 from bottom of page, read "Vandegrift" instead of 

" Vandergrift. " 

Page 491. — Line 3 from bottom of page, read "Agnes" instead of "Anges.' 



GEORGE WASHINGTON MARTIN, 



Born June 30, 1841. 
Died March 27, 1914. 

Perl Wilbur Morgan, 1 

THE family Martin from which came our George W. Martin of Kansas" 
was Scotch by blood and Irish by association and environment. On 
his mother's side he also came in for a share of the Welsh. So we may behold 
what manner of a man was he who, born and reared in our own United 
States and as true American as ever lived, yet possessed many of those 
qualities that have distinguished three of Great Britain's great and noble 
races. 

There were in this family William Martin, the great grandfather; John 
Martin, the grandfather; David Martin, the father; and George W. Martin,, 
the son. 

To begin with, William Martin emigrated from Scotland to Ireland near 
the close of the eighteenth century. He had a son, John Martin, who married 
Elizabeth Martin, of another family but also emigrated from Scotland to- 
Ireland. To this pair was born a son, David Martin, on December 1, 1814,. 
in County Antrim, near Belfast. They came to America in the year 1819,, 
landing at Baltimore and going from there to Indiana county, Pennsyl- 
vania, to set up a home for the Martins in the New World. 

In Pennsylvania, therefore, David Martin grew to manhood. In 1834, 
when he was twenty years old, he went forth from the parental home to 
work on the construction of the Allegheny Portage railroad, which the 
state of Pennsylvania then was building to connect the waters of the Cone- 
maugh with those of the Juanita. At Summitville, near Cresson, in Cambria 
county, David met, wooed and won Mary Howell, whose parents had come 
over from Wales and settled in Pittsburg, Pa., in 1820, in which city Mary 
was born in 1822. The young couple were married September 16, 1840,, 
and went to Hollidaysburg, Pa., to found a home for themselves. And it 
was in this home, on June 30, 1841, George W. Martin, who was destined 
to fill a big place in the activities of Kansas, was born. 

The call to "Bleeding Kansas" came to David Martin, father of George, 
at a time when men of blood and iron and force and energy were most needed. 
He joined the westward-bound throng in 1855 and made tracks for Kansas. 
He took a claim in Douglas county, near Lecompton, put in nearly two 
years improving it, and then went back to Pennsylvania for his family. 
This was the beginning of the Martin family in Kansas. 

Note t. — Perl Wilber Morgan was born December 4, 1860, in Monrovia, Ind. He was 
the third child of William Hoard Morgan, born in Harrodsburg, Ky., in 1824, and Maria (Marvin) 
Morgan, born in Zanesville, Ohio, in 1836. In the year 1864 the Morgan family moved to Plain- 
field, Ind., and here young Morgan received his education. At fifteen years of age he began his 
newspaper career as "printer's devil" on the Plainfield Citizen. In 1879 he left Plainfield and 
went to Indianapolis, where he was connected with different papers. About 1887 he came west 
and was associated with the Kansas City Times, having charge of the news department for Kansas 
City, Kan. In 1890 he left this position and went to George W. Martin, who was then editor of 
the Kansas City Gazette. With him he remained three years, leaving to become head of the news 
staff in Kansas City, Kan., for the Kansas City Star. He did this work until 1911, when he was 
made secretary of the Mercantile Club of Kansas City, Kan. Mr. Morgan is now living in Topeka 
and doing general newspaper correspondence. 




GEORGE W. MARTIN. 



George Washington Martin. 



3 



David and Mary Martin were quiet, home-loving, Christian people,, 
of the old Scotch Presbyterian faith. He was a Mason and an Odd Fellow.. 
They lived in their Kansas home to a ripe old age, celebrating their golden 
wedding anniversary September 16, 1890. It was an occasion of statewide 
rejoicing and congratulations, for the Kansas people were proud to honor 
these pioneers. 

Mary Martin passed away at 4:30 o'clock in the afternoon of Friday^ 
July 29, 1892. David Martin joined her at 1:30 o'clock the next day, Satur- 
day, July 30, 1892; and on the third day, Sunday, July 31, 1892, they were? 
buried in one grave. They had been united in life for nearly fifty-two years,, 
and they were united in death. 

David and Mary Martin were the parents of ten children, of whom they 
reared seven: George W. Martin, in whose memory this sketch is written; 
Edmund McKinney Martin, of Enid, Okla.; Mrs. Annie L. Williams, of 
Rawlins county, Kansas; Mrs. Lillie Lowe, of Nebraska City, Neb.; David 
Martin, of Douglas county, Kansas; John Martin, of Colorado, and Stephen 
D. Martin, of Kansas City. Of these seven but two are now alive — Stephen,, 
the youngest son, and Mrs. Lillie Lowe. 

George W. Martin passed his boyhood days in Hollidaysburg, Pa., the- 
place of his birth. He had about the same round of experience and adven- 
ture that were the lot of the other town boys of that period — a little schooling,, 
some fun, and a good deal of work. The latter, no doubt, was more to his. 
liking, for — boy or man — George W. Martin was industrious. He found it 
a joy to be doing something that was worth doing. 

One of his pleasant pastimes was to go down to the railroad and wait for 
the little locomotive to come in. He would do chores for the engineer, and. 
in return was rewarded by being permitted to sit on the engineer's seat and 
"run" the engine a few rods. It was great fun for the town boys, running 
that little old wood-burning engine, and there was little danger in it — it 
couldn't run fast enough to do much harm should it jump the track. But 
in after years that little old railroad, owned by the state of Pennsylvania, 
and the way it was mismanaged and permitted to go to rack and ruin through 
neglect, decided Martin forever to oppose government ownership of rail- 
roads or any other utility of any kind. 

A little further on and Martin was carrying newspapers. This developed 
in him an ambition to be a maker of newspapers. His schooling, what little 
he'd had, soaked in; but it wasn't enough. He read newspapers and he read 
books; he even read poetry. Then he entered the Hollidaysburg Register 
to learn the printing trade, and that was self-educating. He found an odd 
fascination about everything connected with the work of making a news- 
paper. It was broadening, uplifting. He knew about everything that was 
going on. He came in contact with men, leaders in public affairs, shapers of 
the destinies of the state and the nation. And bigger to Martin than all of 
these was the editor, John Penn Jones by name. The printer boy had a 
decided advantage over other boys. 

Martin was always making friends, and the friendships of his youth he 
cherished to the end of his life. There was that locomotive engineer, the 
boys of the town, some of the men, and his preacher friend, the Rev. David 
Junkin, D. D., in whose church (Presbyterian) Martin was brought up. It 
was Doctor Junkin who took an interest in the boy and helped to shape his 



4 



Kansas State Historical Society. 



career. The preacher wrote a New Year's address on January 1, 1857, with 
which Martin, as a carrier for the Register, gathered in $47.50, and that was 
a big pile of money for a boy of fifteen to have. 

Not long after this incident David Martin came back from his prospecting 
trip to the Territory of Kansas. We can see the family gathered around 
the fireplace in the Pennsylvania home that cool evening in the early spring 
of 1857. As the blazing coals cast a flickering light about the big room the 
father tells of his wonderful experiences of travel, of the big river steam- 
boats, and of the beautiful land that is to be their future dwelling place. 
How the eldest boy, George, lingers with wide-open eyes after the other 
children have been sent off yawning and sleepy-eyed to bed, and at last 
goes quietly to his own room to dream about it all the rest of the night. The 
morning after, the preparations for the long journey began, and slow indeed 
they were for that restless boy George. Then came that eventful last day, 
the family astir long before the rest of the town is awake, and good Doctor 
Junkin coming around at the hour of four o'clock to have prayers with the 
family before the departure on that long journey toward the setting sun. 

The Martin family departed from Hollidaysburg on St. Patrick's day, 
1857, going down the Ohio river on the steamboat Cambridge. At St. Louis 
they found that a small stern-wheel boat, the Violet, was advertised for all 
points up the Kansas river "to the head of navigation." The father, who 
had spent nearly two years in Kansas within sight of that beautiful stream, 
somehow had got the notion that it was navigable. So, to avoid a transfer 
at Kansas City, they took the Violet — or the Violet took them. The Missouri 
river was on its hind legs and it was with difficulty the little steamboat 
stemmed the swift current. Two weeks were required to ascend the river 
to Kansas City. 

At every place where the boat touched land crowds of Missourians were 
down at the landing. The insults that were hurled at the "damned Yankees " 
on board were enough to tax the patience of even so mild a man as David 
Martin. What then must have been the effect on the fiery red-haired 
George? How many "niggers" had they stolen? How many Sharps' 
rifles were on board? 

The Violet put into port at Kansas City the morning of April 7, 1857. 
It was a rugged, uninviting place; but then, as always, it was full of life and 
bustle. Young George, with his acute newspaper instinct, nosed around 
town to see what was to be seen. He dropped into the office of the Kansas 
City Enterprise, which afterward became the Kansas City Journal, and 
there he met R. T. Van Horn. Van Horn had come out from Indiana 
county, Pennsylvania. It was a lasting friendship that sprang up between 
these two. 

The family was told it would be several days before the boat could take 
them up the Kansas river. It was a disappointment, but there was only 
one thing to do — wait. George became impatient to be moving on. With 
his uncle, William Martin, who had come with the party, and two other 
boys, he started out on foot for the land of promise — Kansas. As they 
walked down the old road toward Westport — now one of the great thorough- 
fares of that wonderful western metropolis — skirted on either side by heavy 
timber, they saw the campfires of hundreds of Kansas-bound emigrants 
encamped there for the night. It was a scene, that camp in the woods by 
the roadside, such as the hero of this sketch could never forget. 



George Washington Martin. 



5 



A night of rest in a hotel at Westport, and the party was up at daylight 
striking out over the California road. Soon they crossed over into the 
promised land. It was a slow and tiresome journey, for the road was rough 
and soft from the melting snows and the early spring rains. The first day 
they covered about thirty miles by the time darkness overtook them, and 
they rested at night at Fish's hotel. They were up again and on the road 
at sunrise the next morning, reaching the village of Lawrence near the hour 
of noon. Martin's feet were blistered and sore, but with a stout heart he 
tramped on and on. 

About four o'clock in the afternoon of April 9, 1857, George W. Martin 
walked into Lecompton, then a proslavery town and the territorial capital 
of Kansas. He found lodging at the Locknane boarding house, cooled his 
burning feet and rested his weary limbs, and then before sundown he started 
out to take in the town. He stopped at the postofiice to inquire for any 
mail that might have come for the family in the three weeks they were on 
the way, and was surprised to recognize in the postmaster, Andrew Rodrigue, 
a former citizen of Hollidaysburg. The recognition was mutual. The 
postmaster, a proslavery man, seeing a copy of the Hollidaysburg Standard 
in Martin's mail, at once began a tirade against Martin's preacher friend, 
the good Doctor Junkin. The memory of that farewell-to-the-old-home 
scene, with Doctor Junkin's prayer, rose up in the mind of Martin. He 
was only a boy, not quite sixteen years old, but his manner of resenting the 
insult showed that he was able to take care of himself. His red hair and 
Irish-Scotch temper were not given him in vain. The postmaster threatened 
to throw him out, but there is no recorded history that tells of anything of 
this kind happening. Martin got into the game of history making quite 
early. This may be said to have been the first religious war in Kansas. 

George W. Martin went to work on the Lecompton Union, an intensely 
pro-slavery newspaper, but sadly misnamed. It was edited by L. A. Mac- 
Lean, whose love for the free-state abolitionists who were coming in hordes 
to Kansas was expressed several times each day in language unprintable, 
though some of it crept into the columns of the paper. The Union was 
issued regularly under that name until July 1, 1857. Then it gave way to 
the National Democrat, a title that was somewhat more in keeping with its 
political tone, which was more moderate than that of most of the pro-slavery 
organs along the border. The paper was owned by Seth W. Driggs. The 
editors were William Brindle and Hugh S. Walsh, though Governor Robert 
J. Walker, Secretary Fred P. Stanton and Governor Samuel Medary were 
editorial contributors. 

As a printer and chore boy for that newspaper Martin came in contact 
with the leaders of the cause which was soon to be lost. He found these 
leaders to be clever and hospitable gentlemen, violent only in their attitude 
toward and their language concerning the abolitionists. It was the low- 
down, ignorant bushwhackers and border ruffians and the hordes of adven- 
turers and hangers-on who were responsible for most of the devilment and 
were to be feared. Martin had an excellent opportunity to get an insight 
into the personality and character of these men about the proslavery capital 
of Kansas. He was in position to know something of their program — but 
there's a sort of freemasonry about the print shop (or was in those times), 
and George W. Martin was a printer. 



6 



Kansas State Historical Society. 



At all times on the alert and with an investigating turn of mind, Martin 
was to be found in the center of the crowd. He was a witness to many of 
the exciting scenes of the territorial struggles. He was at the special session 
of the territorial legislature in December, 1857, called by Fred P. Stanton 
as acting governor, to provide for the submission of the Lecompton consti- 
tution to a full and impartial vote of the people. He was at the great mass 
meeting of free-state sympathizers which gathered at Lecompton at the 
time of the special session, and he heard the speeches of Jim Lane, Charles 
Robinson and Champion Vaughan. 

Martin believed that it was only by a miracle that Lecompton was saved 
from destruction by the indignant free-state men who were assembled in the 
town on that occasion. A large poster had been circulated among the free- 
state sympathizers throughout the territory, calling on them "to assemble 
at Lecompton and witness the inauguration of the first legal legislature 
ever assembled on the soil of Kansas." The free-state men flocked to the 
town by hundreds, and concealed in wagons under the bags of feed and 
piles of hay were Sharps' rifles, revolvers and pistols, polished and ready for 
use. The speeches were full of fire, calculated to rouse men to action. Lane 
spoke from the back of a wagon, Robinson addressed the men from the 
steps in front of the land office, and Vaughan stood on a box looking out 
over the crowd and shrieked: "We have chased them into their very holes; 
we are now crowing on their own dunghills; let them come forth!" 

All that was needed to start something was the report of a pistol, a fist 
fight or the rash act of some one. Sheriff Jones, whose sympathies were with 
the proslaveryites, came very near supplying the torch. Rankling still over 
his failure in May, 1856, to put George W. Brown, of the Herald of Freedom, 
at Lawrence, out of the newspaper business, Jones slunk through the crowd 
hunting for Brown. William Learner, a cool-headed proslavery man of 
Lecompton, by a piece of strategic work, got Sheriff Jones out of the way. 
Martin always gave Learner credit for saving Lecompton from ashes. Had 
Sheriff Jones carried out his threat against Brown the torch would have 
been applied. 

Martin continued his newspaper work at Lecompton until October, 1859. 
Then he took a stage coach and started for the East. In the night the news 
came that John Brown had captured Harper's Ferry, and the proslavery 
people everywhere along the border were thrown into a state of excitement 
bordering on pandemonium. Martin went to Philadelphia, where he entered 
a book-publishing house to complete his five-years apprenticeship. He 
remained in Philadelphia until the spring of 1861. Then he returned to 
Kansas. 

George W. Martin was in high spirits when he again set foot on Kansas 
soil. Statehood without slavery had come, but there was work yet to be 
done. He was well equipped for the business of newspaper making, and he 
felt that the dreams of his youth and the ambitions of his young manhood 
were about to be realized. He pushed on up the Kansas river valley to 
Junction City, which then offered the most inviting field in the new state 
for a budding newspaper genius. He arrived there August 1, 1861. The 
Democrats had made three attempts to maintain a newspaper, and each had 
failed. They were willing to give it up and let the Republicans try it. There 
was no such a thing as failure in Martin's scheme. He started the Junction 



George Washington Martin. 



1 



City Union, and it was a success from the beginning. The material used 
for the printing of the Union, or a part of it, had been shipped from Edens- 
burg, Pa., by Doctor Rodrigue. It was detained for some time in Kansas 
City in storage, and under the impression that it was to be used for printing 
an abolition paper, the slave sympathizers of that place dumped the boxes 
of type into the Missouri river. It was finally fished out and taken to Le- 
compton, where it was used for printing the proslavery Democrat, on which 
Martin was employed. A young son of Sam Medary bought it and took it 
to Junction City to start the Democratic paper which failed. When Martin 
started the Union he had this water-soaked material on hand. But some- 
how his editorials stood out with wonderful distinctness when set up in that 
long-primer type. 

The Union was the only newspaper published between Manhattan and 
Denver until 1867, five years afterward, when B. J. F. Hanna started the 
Salina Herald. The Union was a Republican paper, and for many years it 
exercised a greater influence in the politics and the affairs of Kansas than 
any other weekly paper published in the state. The young editor — he was 
but little over twenty — went into the business of booming Kansas, and the 
valleys of the Kansas, the Smoky Hill and the Blue in particular. He wrote 
about the agricultural possibilities of western Kansas, and the wise ones 
spoke of his editorials as "marvels of nerve and ignorance." But time 
demonstrated that he was more nearly right than he had dreamed when 
writing those boom editorials. This land has since been selling at as high as 
$200 an acre. He printed a boom edition in 1869, the first to be printed in 
the state, and it was the means of bringing hundreds of good farmers and 
their families to Kansas. 

Laying aside its politics the Democrats of Junction City, like the Re- 
publicans, swore by the Union. One of the finest things that could have 
been said about the Union and its editor was printed in the Leavenworth 
Conservative in 1864, when Daniel Webster Wilder was editor: 

" The editor of the Junction City Union believes that when God made 
things he put one point of the compass where Junction City now stands and 
gave it a twirl." 

This was literally true, for the Junction City Union was for years the 
nearest newspaper to the geographical center of the United States, and well 
worthy it was of the honor. Noble Prentis classed the Union as in a group 
of a half dozen very handsome weeklies of Kansas which may be styled "the 
belles of the newspaper ball." James Humphrey, in an address before the 
Historical Society, June 15, 1889, on "The Country West of Topeka Prior 
to 1865," referred to the Union: 

"The history of Junction City is recorded in twenty-odd volumes of the 
Junction City Union, and can not be compressed within the limits of a few 
pages. No history of the town can be written without making distinguishing 
note of the Union. Its tone was vigorous and aggressive; it possessed the 
most marked individuality of, perhaps, any paper in the state. Many able 
pens wrote for it at different times, but they all caught its gait and tone. 
For years it was Junction City's chief evangel. It castigated the vicious, 
rebuked the sinner, raised its voice like one crying in the wilderness against 
'Owl' clubs and other midnight carousals. It was a potent factor in local 
affairs, and its influence extended to every quarter of the state." 



8 



Kansas State Historical Society. 



Martin's " Kansas Catacombs, " printed in the Union in the '70s, attracted 
wide attention and were republished everywhere. He referred to the place 
that once was the proud proslavery capital of Kansas as "The beautiful 
spot upon the Kansas river where Lecompton sits a lonely widow." He 
always claimed that the historians of Kansas did injustice to Lecompton. 
But the town was on the "wrong side." No other place gave the nation 
so much concern. It was the rock on which the Democratic party spilt. 

Martin's loyalty to Junction City was something sublime. He stood up 
for the town and everything in it that was right. The Union made a great 
fight to have Junction City sawed stone used in the construction of the 
Capitol building, but a Topeka crowd was in control of the situation and a 
red sandstone from the neighborhood of Vinewood was used. The founda- 
tion was laid in the Fall of 1866. By January following the frost was making 
havoc with it, and when spring came it had thoroughly thawed and was a 
mass of mud. It cost the state $40,000. Then Martin turned loose again, 
and Junction City stone was used for the foundations. The Stanta Fe 
had two commissioners and the Union Pacific only one, so the remainder of 
the material for the building was brought from Cottonwood. For years 
afterward Martin was called "J. C. Sawed Stone." 

For saying things and stirring up the animals Martin had no equal among 
the newspaper men of Kansas. From August, 1868, to August, 1870, he 
carried his life in his own hands because he had exposed a gang of horse 
thieves in the vicinity of Junction City. The headquarters of the gang, 
it appears, was a saloon called the "Unknown," and its operations extended 
over a route from the south side of Butler county to Nebraska City. On 
August 22, 1868, a citizen was hanged by unknown parties. Then it was 
noised about that the hanging was done by a Republican vigilance com- 
mittee, and because of certain expressions in the Union Martin was held re- 
sponsible for manufacturing this sentiment. For a year the friends of the 
dead man hounded Martin, and many nights special police officers were 
sent to guard his house. At last the friends of the dead man concluded 
they were on the wrong scent. They employed two detectives from St. 
Louis and Martin turned in and helped to ferret out the real murderers. 
The leader of the gang, a notorious outlaw, was run down and killed. Eight 
men were sent to the penitentiary through the federal court, several others 
were run out of the country, while at the south end of the route seven mem- 
bers of the gang were hanged by the citizens. That put a stop to horse 
stealing and many forms of outlawry, and Martin and his paper were the 
means of doing it. 

Martin saved the day for the Kansas State Agricultural College at Man- 
hattan in 1874. The management of the college for years seemingly had 
ignored the purpose of the act of Congress creating the institution, and the 
Union was severe in its criticism. A bill had been drawn to consolidate the 
Agricultural College, with its large grant of land from the government, with 
the State University at Lawrence. Chancellor John Fraser of the University 
opposed the bill. So did Martin, and he fought it through his paper and by 
his personal influence, because he did not want to see one of the two great 
institutions become a sideshow, as would have resulted from the consolidation 
into one school. The bill, of course, did not get very far. 

One day John A. Anderson entered the office of the Union and told 
Martin that N. A. Adams, of Manhattan, wanted him (Anderson) to be 



George Washington Martin. 



9 



president of the Agricultural College. He wanted Martin's opinion, which 
was delivered off hand in the editor's blunt way of saying a thing. 

"There's your chance to make or break," Martin said. "Tell him you'll 
investigate it." 

Anderson was hoping Martin would advise him to turn down the prop- 
osition, as Benjamin Harrison had secured for him the pastorate of a church 
in Indianapolis, and he wanted to go there. But he could not go against 
the advice of his friend Martin. He accepted the presidency of the Agri- 
cultural College. Then he began a fight for that institution which has 
brought it up to its present magnificent proportion and made it one of the 
great schools of its. kind. 

Martin's newspaper, together with his personality and his honesty, 
brought him power and prestige and public preferment. For many years 
he was kept busy accepting public offices and public honors. It may be 
said thruthfully that no Kansas man ever has had so wide and varied experi- 
ence in holding public office and discharging official duties well and faithfully 
as George W. Martin. He was at all times clean and on the square. No 
graft or boodle ever attached to his name. He could not be brought under 
control of cliques or combines or corruptionists. Men trusted him. 

His first appointment was as postmaster of Junction City, in which 
office he served from January 1, 1865, until October of that year. It was a 
little job and there was little in it except to accommodate the public, and always 
he was willing to do that. He was appointed register of the Junction City 
land office April 1, 1865, and served until November, 1866, when his was the 
first removal made by President Andrew Johnson. He was first to be rein- 
stated by President Grant. During his incumbency, from 1865 up to 1870, 
came the settlement of Kansas after the close of the war, and the Junction 
City land office did the largest business of any land office in the state. More 
than half of the time the applicants for land waiting at the office numbered 
from 50 to 125 a day. The first settlement of the Republican, Smoky Hill 
and Solomon valleys was at that time, and many thousands of titles to land 
in Kansas are based on Martin's certificate. 

During the interim between the time of his removal by Johnson and his 
reappointment by Grant (1867-'68) Martin served as assessor of internal 
revenue for all of the region between Manhattan and the west line of the 
state. That was when he had the time of his life. The federal government 
was then taxing every man $10 for the privilege of living under the flag. 
Generally the men seemed to think it worth the money, and while he had 
many odd experiences, he usually got the money. His duty was to go every 
month along the Union Pacific to look after Uncle Sam's income. "Here 

comes that revenue man again," they'd say, and then they would pay 

whatever was right. It was in times when everybody was flush, and before 
the days of prohibition. Martin used to tell that men paid $100 for a whole- 
saler's liquor license when $25 would have purchased the retailer's license 
necessary for their business. They did that as a matter of principle and 
pride. 

Martin's experience in handling land matters for the government brought 
him in contact with many interesting characters and conditions. An Irish- 
man fresh from the old sod filed on a piece of land, and two smart Americans 
"jumped" his claim. They got out contest papers, and had the advantage 



10 



Kansas State Historical Society. 



of him only through his ignorance. Martin told them that they could not 
steal the man's land right before his eyes. They might have succeeded in 
their contest by taking an appeal to Washington, but they were told that 
they had better secure other land, and if they did not he would give them 
all the trouble he could. After a whispered consultation they took other 
land, and the Irishman told Martin years afterwards that he had a half 
section of fine land for which he was indebted to him. 

When General Nelson A. Miles was a colonel in the regular army, and 
in command at Fort Harker, some boomers at Brookville and Ellsworth 
discovered coal on government land across the Smoky Hill from Ellsworth. 
They got up a stock company, took in General Miles as a stockholder, and 
after a time quarreled, and all rushed to the land office to file on the land. 
A contest resulted, and it came before Martin, as register. The civilians had 
an all-round lawyer as their attorney, and Miles managed his own case. 
Half an hour after the hearing began, Miles raised a point which Martin 
sustained. The lawyer, as is the custom wi h that tribe, told Martin what 
an ignoramus he was, but the case went on. In a short time Miles raised 
another point which Martin sustained, and that knocked the case out of 
court. The lawyer ripped and snorted, but Miles walked out with a smile 
on his face. An appeal was taken, and the Commissioner of the General 
Land Office sustained the rulings of Martin. Then the case went up to the 
Secretary of the Interior, who also sustained Martin, which convinced him 
that there was a chance occasionally for the application of ordinary common- 
sense in a law suit, even by a layman. 

Mr. Martin had a supreme contempt for the small technicalities in certain 
procedures which harassed a witness and often prevented the telling of the 
truth. In one instance he was a witness against a joint keeper who was 
charged with selling a jug of whisky to an Indian. In the testifying he said 
he knew the jug contained whisky. 

"How did you know its contents were whisky," said the brow-beating 
lawyer. 

Mr. Martin smiled and said, "You do not expect a joint keeper to be 
putting a jug full of water into an Indian's wagon." 

George W. Martin was elected state printer by the legislature in January, 
1873, one week before the York-Pomeroy exposure. It was one of the 
most bitter fights ever waged in the legislature over an appointment, and 
it required a decision of the supreme court to settle it. The Topeka Com- 
monwealth was then the Republican organ of the state. The State printing 
was run in a loose manner and Martin was selected by those who desired a 
change for the better. He was elected state printer four times, and came 
within a scratch of being chosen for a fifth time. A host of grafters were cut 
out by Martin's election, and they pursued him forever afterward, but with 
no success. They even offered him a bonus after he was first elected not to 
qualify for the office, but the men who voted for Martin meant something, 
and he would not sell them out. 

The reorganization of the state's printing on a business basis attracted 
wide attention. Prior to 1873 the state had been. paying unheard of prices 
for its printing. Martin put it on a parity with the best commercial printing. 
The first job turned out was 12,000 copies of the Kansas school laws. Under 
the same fee bill, with the secretary of state to measure the work, the same 



George Washington Martin. 



11 



copy to the letter, he made the 12,000 copies cost $1,370 less than 10,000 
had cost the year before. Martin was the only man who reformed a job 
at the expense of his own pocket. Noble Prentis wrote: 

"The dingy old 'pub. doc' of the eastern states were as tattered rags 
beside a silk gown, when compared with the books which came from the 
state printing house in Martin's time. He it was who (outside of these) pub- 
lished Wilder's 'Annals of Kansas,' the handsomest, most useful and worst- 
paying book ever printed in this western country." 

James F. Legate, who always opposed Martin, introduced the following 
resolution, which was adopted by the joint convention which elected his 
successor, January 18, 1881: 

"Resolved, That Geo. W. Martin, the retiring state printer, is entitled to, 
and we tender him the warmest commendations of the legislature of the 
state of Kansas in joint convention assembled., for the high standard to which 
he has raised the state printing; for his integrity of character as state printer, 
being ever watchful of the rights of the people, even to his own expense. 
He commenced his career eight years ago with an untarnished character, 
and leaves it to-day with a character unblemished, even by the severest 
critic." 

That was the only time a joint convention of the legislature ever did 
such a thing. 

In the spring of 1888 some of the citizens of Kansas City, Kan., pursuaded 
George W. Martin to move from Junction City to their city and publish a 
daily newspaper. Martin complied with their wish, and, purchasing the 
old Wyandotte Gazette, then owned by Armstrong and Moyer, proceeded to 
issue six days of the week the best newspaper that ever has been printed in 
that city. During the early part of that venture P. W. Morgan was news 
editor. On the reportorial force were such men as James E. Keeley, now 
editor and owner of the Chicago Record-Herald and Inter-Ocean; the late 
Fred Howells, the best city-hall man the Kansas City Star ever had; Edward 
Kundegraber, the most accurate live-stock reporter at the yards, now with 
the Drovers' Telegram; Prof. John J. Maxwell, and others that might be 
named. F. D. Coburn, now about to retire from the secretaryship of the 
State Board of Agriculture, was for a short time an editorial writer. The 
Witmers, W. L. and D. W., were business partners with Martin. 

The Gazette under the Martin regime became a power for boosting Kansas 
City, Kan. There was a tendency throughout the entire state to ignore that 
important city, the largest in the state, because the old name of Wyandotte 
had been dropped when the new name was adopted. Martin had nothing 
to do with that, but he broke down that prejudice. He forced the news- 
papers and politicians to recognize the city, and they have been recognizing 
it ever since. The people of Kansas City, Kan., seemingly did not appreciate 
what Martin did for them in putting their city on the map. 

While the Gazette may have been styled a financial failure, so far as 
money matters go, it was a big success in the influence it wielded for Kansas. 
Some of Martin's greatest editorial victories were won with that paper. 
In 1888 he took up the fight for the rebuilding of the post at Fort Riley, 
which had become simply a "local affair," as his Junction City friend, 
Bertrand Rockwell, described the condition. A column in the Gazette, 
written as only Martin could write, found its way into nearly every news- 
paper in Kansas; and when copies of all those Kansas papers reached Wash- 



12 



Kansas State Historical Society. 



ington, Senator Plumb, who was in on the scheme, had something to work 
on, something with which to overcome the opposition of the army people, 
who were rather anxious to see Fort Riley abandoned. Those who knew 
the Fort Riley of 1888, were they to revisit it now, would not recognize it. 
Fort Riley was General Sheridan's pet. The old general once was fined in 
Leavenworth for fast driving. Had he lived, Fort Riley by this time would 
have outstripped Fort Leveanworth. 

One of the things that pleased George W. Martin more than anything 
else that could be mentioned was changing the name of Davis county to 
Geary county. He took up the fight in the Gazette, after it had been going 
on for ten years in the Union He never was reconciled to the idea of a 
proslavery legislature applying the name Davis to any county in Kansas, 
much less the county which was his home for so many years. Finally, in 
1889, the pressure became so strong that the question of a name was sub- 
mitted to the people of the county, and of course it was named for John W. 
Geary. 

Mr. Martin made the best possible use of the power of a newspaper for 
the accomplishment of great things that I can recall from any newspaper. 
He used that influence rightly at all times, and it would be a fine lesson for 
students of journalism to study the editorial pages Mr. Martin has printed. 

It was the panic of 1893 that brought disaster to the Gazette. The paper 
did not suspend; it is issued daily at this writing — but most of the life was 
gone out of the business of the town for the time being, and there wasn't 
enough left to support a daily newspaper that employed competent help 
and paid telegraph tolls. Martin often laughed over his rich and varied 
experiences in Kansas City, Kan. He said the friends who never tired, and 
the new friends he made, in that struggle, more than outweighed all dis- 
appointed ambition. 

When John A. Anderson died, Martin's grief was inconsolable. He had 
lost his best friend, a friend closer than any brother could have been. He 
felt much the same when Senator Plumb passed away. His editorials in the 
Gazette were the most remarkable in feeling expressed and in portrayal of 
character of these two men that I have ever read. 

During the administration of Grover Cleveland as President and the 
reign of the "tariff for revenue only" idea, Mr. Martin, as a true protectionist, 
made a fight to have certain fluxing ores, found only in Mexico, brought 
into this country free of duty. At that time we had a great smelter at 
Argentine, Kan., said to be the largest gold and silver smelter in the world, 
and the use of great quantities of this fluxing ore was absolutely necessary to 
the life of the institution. The administration at Washington failed to take 
Mr. Martin's suggestion, and the result was that eventually the smelter 
was forced to move from Argentine, which is now a part of Kansas City, 
Kan. Mr. Martin was always a protectionist, and he felt that in making 
this fight he sacrificed none of the principles of protection to American 
industries that were the fundamentalisms of the Republican party. 

Martin was one of those sturdy Americans of whom it may be said they 
had bred in them those eternal principles of liberty and right and justice 
which make a nation great and grand. He was just at the age which repre- 
sents the fingerboard that points the way from boyhood to young manhood 
when the country was plunged into a sea of political turmoil. The old Whig 



George Washington Martin. 



13 



party was dead and the Democratic party was rent by contending elements 
over slavery's extension into northern territory. Times were ripe for a new 
party, and the Republican party sprang into being full armed for the fray. 
Martin was a Republican before he was old enough to cast his first vote. 
He remained a Republican to the day of his death, though he had so sacred 
a regard for the principles and purposes of the party of his first choice, he 
would sooner see it suffer defeat than win through corrupt methods and at a 
sacrifice of those time-honored principles and purposes. 

A friend found him in his office up near the roof of the Capitol the day 
Colonel Roosevelt's delegates walked out of the National convention in 
Chicago, in 1912. He was in great sorrow, and in a voice which told how 
deep was his feeling he said: 

"What do they mean? The party is in for a good licking on account of 
its sins and follies. Why can't they stand together this year and take their 
medicine and then come back at another time?" 

And there was sound logic in that remark. He was a close observer, and 
had a wonderful judgment respecting results. He was the squarest man in 
politics I ever knew. He believed in the square deal, and he had no use for 
political shysters and party pluguglies. He helped to keep them out of party 
leadership, and many were the men of this caliber who were put down and 
out by Martin's determined purpose that only men of decency and respect- 
ability had any business in the management of the party. 

Martin bolted when the Republicans put prohibition into their platform. 
Not that he wasn't an ardent temperance man and a prohibitionist at heart, 
but that he foresaw the shystering and double dealing that surely would 
come with prohibition, at least until men could be elevated to public office 
who would have the courage to enforce the law. So he supported George W. 
Glick for governor in 1882. He had little respect for the idea of reform within 
a party, but always believed the surest way to reform was to vote the other 
ticket once in a while. 

John A. Anderson and Martin were the warmest of friends — spiritually, 
socially, politically. The editor had helped Anderson start a church in 
Junction City in the early days. He stood by the preacher in everything. 
When, in 1886, a lot of political rounders, through the local-candidate dodge, 
defeated Anderson for the nomination, Martin bolted and threw his support 
to Anderson, who was elected over both Republican and Democratic candi- 
dates. In Wyandotte county he did the same thing when questionable 
methods were employed to nominate a Republican candidate, and Mason S. 
Peters, a Democrat, was elected to Congress from the second district. Martin 
did not believe that bolting a corrupt or unworthy candidate for office would 
hurt a man in Kansas. At least he himself seems not to have suffered from 
his bolting. 

In his state printer fights Martin passed through the Pomeroy and anti- 
Pomeroy fights and the Horton-Ingalls fights and had the support of both 
factions. He always "toted fair." 

In the Republican convention of 1894 Martin received 122 votes for the 
nomination for governor. Many of his friends thought he should receive 
such honor, but Martin never was seriously a candidate for governor. It 
was one of the political jobs he didn't want. 



14 



Kansas State Historical Society. 



In 1873 D. W. Wilder, as state auditor, uncovered a shortage of some 
$35,000 in the state treasury, and the treasurer was impeached. In his 
report, in 1874, Wilder charged the state officers with being in sympathy 
with and attempting to shield the treasurer in his crime, closing with this 
statement: 

"The officers who did not connive at fraud, but who wanted the truth 
told and disobedience of the law to stop, were Samuel A. Kingman, George 
W. Martin and David Dickinson." 

Martin was not that sort of a man. On his retirement from politics 
he was profoundly grateful for the fact that after all the years of political 
and editorial scrapping, in which he no doubt did and said many unreason- 
able things, there seemed to be only good feeling toward him on the part of 
all. 

He was grand master of the Odd Fellows in 1872 and 1873, and was like- 
wise strenuous in this position. He suspended a grand treasurer and took 
the money from him just in time to save loss; and he had the entire grand 
lodge involved in a libel suit, in approving a certain action of a local lodge, 
in which the supreme court of the state finally sustained him. He was made 
an Odd Fellow in Frontier lodge No. 25, at Junction City, where his mem- 
bership remained for forty-seven years. 

He was mayor of Junction City in 1883 and 1884. He also represented 
Geary county in the legislature in these two years. 

George W. Martin came into his own when he was appointed secretary 
of the Kansas State Historical Society to succeed Franklin G. Adams, the 
first secretary, and one of the founders of the society, who died December 2, 
1899. Martin's association with the people of the state from its earliest 
pioneers, his knowledge of the events of history and of the affairs of the 
state, gained by his personal experience and observation, made him the most 
valuable man in all the state for such a position. To gather the records of 
lives and events and preserve them for posterity was a joy to him, and he 
knew the historical value of things better than any other man. 

Entering upon his great work, he put life and energy into it, and the 
collections of the Society increased wonderfully. He added many new 
features, and strove to bring the Society and its remarkable collections into 
closer touch with the people of the state. His newspaper experience had 
served him well in this work, while his contact and dealings with legislators 
and state officials enabled him to bring the Historical Society's work into 
closer harmony with the administrative plans. Instead of being looked upon 
as a junk heap, the Society's collections of relics, newspaper files, books, 
etc., became recognized as of value. 

In many respects the Kansas State Historical Society became the fore- 
most institution of the kind in the United States. Taken as a whole, few 
states are in advance of Kansas. It is the pioneer in the collection and 
preservation of newspaper literature, and its collection of newspapers pub- 
lished within the state is the most remarkable in the world. With men like 
Franklin G. Adams and George W. Martin entrusted with this great work, 
Kansas must necessarily be first and foremost in its historical department — 
and Kansas has been in the forefront of our American history ever since 
Stephen A. Douglas put over the Kansas-Nebraska act, now sixty years ago. 

One of the proudest days of Martin's life was September 27, 1911, when 
President William H. Taft laid the corner stone of Memorial Hall; not that 



George Washington Martin. 



15 



Tie cared for the glory that might come to him — he was too modest for that 
— but that it was great joy to him to know that, after years of untiring 
effort and patient waiting, the Society was to have a home in keeping with 
its dignity and importance, and one of which every citizen of the state could 
be proud. He said: 

"I have always regarded the erection of the Memorial and Historical 
Building as the proudest effort the state ever engaged in. It overshadows 
schools, charities and penitentiaries, because it recognizes the military spirit 
which risked all to save all, and it proudly and most beautifully preserves 
all in the word 'History'." 

He watched the progress of the work as block upon block the marble was 
laid and the walls reached upward. It was his one great desire that he might 
see the building dedicated. For months he had planned all about moving in. 
He had it all pictured out in his mind. But it was not to be. 

Martin kept up his work until early in the year 1914, even when his health 
was fast giving way. It was only when he found that no longer could he per- 
form his duties, or direct them as he believed they should be directed, that 
he surrendered. His resignation, presented to the Society on February 16, 
1914, was accepted, with deepest regret, and William E. Connelley was 
appointed secretary. 

George W. Martin was married to Lydia Coulson on December 20, 1863, 
at the home of her parents, near St. George, Pottawatomie county. She 
was born in Minerva, Columbiana county, Ohio, March 16, 1845. Her 
parents were Allen and Catherine Coulson, the father a Pennsylvania 
Quaker and the mother a Methodist from Virginia. The Martins and the 
Coulsons were passengers on the same boat bound for Kansas when George 
and Lydia first met. 

Back in their Ohio home the Coulsons had something to do with the 
"Underground Railroad." Lydia's early recollections were of the arrival 
of negroes at their barn in the morning and their disappearance in the evening. 
In Pottawatomie county, where the family settled, they were among the 
honored citizens. 

George W. Martin and Lydia Martin were parents of five children: 
Lincoln Martin, born in Junction City, November 6, 1864, married June 22, 
1904, to Mary C. Ferguson, daughter of James Ferguson, of Kansas City, 
Kan.; Amelia, born in Junction City, June 10, 1867, married October 7, 
1903, to Napoleon Bonaparte Burge, of Topeka; Charles Coulson Martin, 
born in Topeka October 7, 1876, married September 22, 1904, to Marguerite 
Haskell, daughter of W. W. Haskell, of Kansas City, Kan. Two daughters, 
Elizabeth and Ruth, died in infancy. 

In Junction City, their home for the greater part of their married life, 
the Martins were leaders in about everything that had to do with the social, 
political and religious life of the town. On the occasion of the celebration 
of their twentieth wedding anniversary, the top of the first column on the 
editorial page of the Union carried a dainty editorial announcement of the 
event, signed by Martin's associate, William S. Blakely, in which appeared 
these lines: 

"Smoothing by mutual sympathy the rough edge of contract with the 
world of care and adversity, may their pathway through life be bright with 
happiness, and they know only joy, is the wish of his coworker, William S. 
Blakely." 



16 



Kansas State Historical Society. 



Lydia Martin died in Kansas City, Kan., June 7, 1900, after almost 
thirty-seven years of married life. She was a tender, loving, devoted wife 
and mother. Always a help and a solace to her husband, sharing alike his 
joys and successes and his sorrows and failures, she possessed that inspiring 
personality, that quality of grace and loveliness that made her an American 
queen — a true and noble woman. 

On the 10th day of October, 1901, George W. Martin married Mrs. 
Josephine Blakely, who was the first girl he met when he went to Junction 
City in 1861. Her husband, William S. Blakely, was Martin's business 
partner in the publication of the Union for three years, and in Junction 
City the two families were close friends. Mr. Blakely was one of the pjllars 
of the town, honored by all men. He died June 11, 1885. * "» * 

The completion of George W. Martin's fifty years in Kansas was made 
the occasion of a celebration at the home of Mr. and Mrs. Martin, 823 
Topeka avenue, Topeka, on April 8, 1911. It was a notable gathering 
of friends who were assembled there to do honor to the man who had spent 
a half century in helping to make Kansas. 

Again, on his seventy-second birthday, June 30, 1913, he was honored 
by the gift of a birthday book in which were autograph letters written by 
many of the men and women of Kansas, friends who had known him and 
loved him, and whose friendships he cherished. The birthday book came to 
him as a surprise, at a time when he was confined to his home by illness, and 
the joy it gave him he was not able to express in words. 

In the autumn of 1913 Mr. Martin's health began rapidly to fail. He 
attempted some work at his home, but at best it was fragmentary, as he 
wrote in his report to the Historical Society dated October 21, 1913. Many 
public men interested in the work of the Society sent him the greatest en- 
couragement. William E. Connelley devoted much time to Martin's work for 
the Society, with no thought of compensation from any source. The working 
force in the office was most thoughtful and considerate of their chief. Direct- 
ors and members sent words of friendship, bidding him "brace up," and 
expressing a desire that he might go into the new building upon its com- 
pletion. Friends everywhere in Kansas sent him messages of hope and 
cheer. 

No one knew better than George W. Martin himself that his days were 
numbered. He clung to life only that he might do something more for 
Kansas, his beloved Kansas. He had been doing things for Kansas more 
than fifty years, and he was not quite through. He wanted to keep on. 
But he was ready for the summons. 

Friday, March 27, 1914, at 10 o'clock p. m., with Mrs. Martin and his 
children at his bedside, the summons came to George W. Martin, at the age 
of 72 years, 8 months, 27 days. 

The Rev. S. S. Estey, D. D., pastor of the First Presbyterian Church of 
Topeka, in his funeral discourse in that church, March 30, 1914, at 10:30 
a. m., said: "It is men like him who build empires, and build them on the 
eternal principles of right and justice, although all the world opposes." 
And the closing words of the minister: "To have lived and lived nobly is 
sublime. To have died and died bravely is grand. We are here to-day to 
pay the last tribute of love and respect to one who thus lived and died." 

To Junction City, the scene of his earlier triumphs, the city he loved 
best of all, his body was taken for interment. There a beautiful tribute was 



George Washington Martin. 



17 



paid to his memory by the people. During the funeral service in the Pres- 
byterian church at three o'clock in the afternoon of March 30, 1914, all of 
the flags were at half mast and there was an entire suspension of business. 
The services at the church were conducted by the Rev. A. H. Harshaw and 
the Rev. J. W. Hart. At the grave in Highland cemetery, where they 
buried him, the Odd Fellows of Frontier lodge, No. 25, of which Mr. Martin 
had been a member just forty-seven years to a day, performed the last rites. 

On that funeral day the Junction City Union, Mr. Martin's newspaper 
child of 1861, voiced the feelings of the sorrowing people of that city, saying: 

"The memory of Mr. Martin will remain in the minds of the citizens of 
Junction City for all time, and Junction City is justly proud to have owned 
a citizen like George W. Martin. ' ' 

The tribute of William Allen White, in the Emporia Gazette of that day,, 
was expressive of the Kansas estimate of Mr. Martin's life and services: 

"To-day is the day of his funeral — the last day in which the name of 
George W. Martin will figure as news in the Kansas papers. For sixty years — 
nearly — George W. Martin had been an active figure in Kansas. He has 
played his part, and done such service as he could. He has been one of the 
strong, clean men who have contributed their lives to the civilization we 
enjoy. He wrought that we might have. It was a good life — and worth 
living." 

Out there in God's Acre we left George W. Martin, one of the noblest and 
grandest of men. He had fought a good fight, had finished his course, and had 
kept the faith. His record is imperishable. No state ever had a more loyal 
son or devoted citizen. 



Kansas State Historical Society. 




BRONZE BUST EUGENE F. WARE. 
Presented to the Historical Society. 



Kansas State Historical Society. 



19 



EUGENE FITCH WARE. 

Delivered by Charles Sumner Gleed, before the thirty-ninth annual meeting of the State 
Historical Society, at Topeka, October 20, 1914, on presentation of the bust of Mr. Ware to the 
Society. 

EVERY man is, in countless ways, like every other man — and yet every 
man has a certain character all his own. Every well-defined com- 
munity — city, state or nation — is, in countless ways, like ever other com- 
munity, and yet every one has a character peculiar to itself. 

As with individuals so with communities — each is composite, each is the 
resultant of many forces, many lines of influence, many rills, rivers and gulf 
streams of creative element. 

The state of Kansas is no exception to this rule. In a general way it is 
like all the other states of the Union, but, examined closely, it is found to 
have a character all its own which distinguishes it from its sister states. 
This individuality may be accounted for more or less fully by a study of the 
greater influences which combined to create it. 

Not least among these influences has been the large number of war- 
trained people who have participated in its development. At the beginning 
Kansas was itself a battle field. Then came men from all the modern battle- 
fields of the world. Englishmen who fought in the Crimea; Germans who 
helped make the German empire; Frenchmen who defended France so 
bravely that Germany only carried away Alsace and Lorraine and some tons 
of money; Americans from the war in Mexico; Americans from the war with 
Indians; and chiefly Americans who fought Americans in the War of the 
Rebellion — all these and many more came to the virgin fields of Kansas to 
construct a state, and they did not fail. Failure was foreign to their habits 
and instincts. Their help in making a vigorous, aggressive, progressive and 
militant state was enormous. To them we owe thanks for many things of 
which we readily boast. 

In the world's history, when great armies have disbanded the fighting 
men have, for the most part, melted away into the slums and morasses of 
civilization, adding to the sum total of moral degradation all they have learned 
that was bad and forgetting all they ever knew that was good. But when the 
war to suppress the rebellion of certain southern states in the American 
Union was ended the fighters went their several ways, not into the slums and 
morasses but into the most vivid activity of our most vivid civilization. 
The honorable work of the land was taken over by the soldiers. It mattered 
little on which side one fought, he was welcome to any task which required 
courage, fidelity and intelligence. The making of the Great West was one of 
the pending tasks. The soldiers from both sides and all the states entered 
into this work with magnificent fury. 

Probably no better example of the soldier state-maker can be named 
than the late Eugene Fitch Ware — soldier, lawyer, statesman, poet, author, 
and leading citizen. He was born in Connecticut, of Puritan stock. His 
forebears were fighters and thinkers and workers. He grew from childhood 
to manhood in Iowa, and became, at nineteen years of age, a soldier con- 
tending for the preservation of the Union. After the war he came to Kansas, 
in which state, as an active citizen for more than forty years, he won the 



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description I have applied to him. He practiced law, promoted industries, 
wrote for and edited newspapers, helped build railroads, participated in 
the making of and adjudication of many laws, encouraged libraries, wrote 
books, and took a conspicuous part in politics. Few lives were ever more 
active in a greater variety of lines. 

Let us look close to see the education which this man brought to the 
task of helping build a state for us and our descendants. 

Ware was fond of the fact, if I may so phrase it, that all the examples 
of ancient armor which have come down to us show that the "giants of 
those days" were physically inferior to our own people. In other words, 
he enjoyed feeling that he could have bested the Roman fighting man of two 
or three thousand years ago in a fair fight. He was six feet in height, was 
perfectly proportioned, and a man of tremendous strength and endurance. 
That his life must be an active one was foreordained. His mental and 
physical vigor gave ample assurance that he would be found in the thick of 
the fight — every fight which was free to all comers. And there we find him 
in all the years after his boyhood. 

Almost every page of recorded history tells of the titanic struggles of the 
human race. To smite or be smitten has been the grim alternative out of 
which the bloody flowers of history have grown. To be or not to be 
has been the question of nations. The determination to be has always 
been a declaration of war. Strong men striving for supremacy have 
inspired the poets and the story-tellers of the ages. Polybius, Plutarch, 
Csesar, Livy, Homer, Virgil — all have recited the wrangling of the giants in 
the arenas of the world. So true is this, so impressive is this aspect of history, 
that no man can read it deeply, or even superficially, without feelings, first, 
of horror at the endless procession of savage wars, and, second, regret if his 
life has been uneventful, that some share of such strenuous life has not fallen 
to his own lot. To have been denied the riot of battle, the nights of terror, 
the days of anxiety, the hours of anguish, the chaos of disaster and the 
frenzy of victory, which pertain to the only life which historians, for the 
most part, consider it worth while to notice, is to have lost that which almost 
seems to be the chief end of man. 

Eugene Ware did not suffer this loss. Of splendid stature, a warrior in 
disposition, courageous, restless, ingenuous, resourceful and patriotic, he 
could not have avoided war if war existed. He could not possibly have kept 
away from the fighting in 1861. His first great anxiety was due to the danger 
that he might not be included as a member of the first company — company 
E, First Iowa infantry — which was accepted from his home town. His 
story of how he came to be accepted in spite of the fact that he was under 
age is amusing and instructive. He had been drilling in an amateur com- 
pany of zouaves. When the call came this company was accepted, but not 
so many men were wanted as were in the company. One night young Ware 
went in search of the captain to plead his cause. The captain was in a 
saloon. Ware went in to find him, and while searching he ran across a 
Kentucky man who was loudly proclaiming that the Yankees could not 
fight and that one southern man could whip five northern men. Ware took 
issue with this talk, and a fight followed in which Ware put the Kentuckian 
to sleep in two or three rounds. The captain of the company appeared in 
time to see the fight, and rewarded Ware by including him in the company. 



Eugene Fitch Ware. 



21 



A neighbor carried to the elder Ware an account of the battle, and Ware 
says: "My pious old father with great anguish recited the story to me, and 
gave me much advice about visiting such places and being engaged in bar- 
room brawls. He called up our old Puritanic ancestry, and he seemed to 
feel remarkably bad; but the occurrence fixed me up all right for the zouave 
company. " 

After much drill at home, with many amateur devices for securing the 
experiences of the field within easy reach of the family dinner bell, the day 
came when the young soldiers marched away or steamed away to war. 
The first important stopping place was Hannibal. Early in the history of 
the regiment the worthlessness of most officers who secured official position 
by political pull began to appear. Of what happened in Hannibal Ware 
writes: 

"On arrival at Hannibal we were marched up into the town and halted 
on the street in the black night. We stood there about an hour waiting for 
orders. 'What are we doing here?' asked every one; nobody knew. The 
officers were all gone. In fact, they were up at the hotel, sound asleep, and 
had left us to take care of ourselves. Bad officers sometimes are a benefit 
to their men; the men learn to take care of themselves, are put on their own 
resources, and do not rely upon any one to look after or provide for them. 
It gives the men initiative, and puts them on the lookout. This night in 
Hannibal I will never forget. We had no supper; after waiting a while we^ 
went to the curbstone of the pavement and sat down. We stacked our arms 
in the middle of the street, put two guards to watch, then lying down on the 
brick pavement we curled up and went to sleep. We were awakened at 
sunrise by a bugle call. We 'took' arms and formed in line, but it was a 
false alarm. The call was from a group of tents on a hill near town where 
two companies of Illinois infantry (I think the Sixteenth) had camped the 
day before. I may say here that one of the private soldiers in the Illinois 
tents afterwards became, and remained through life, one of my best and 
warmest friends — Noble L. Prentis." 

Down through Missouri went the boy soldiers from Iowa. They were 
shot at as they went by on the cars. Ware was put on top of a freight train 
loaded with soldiers. He found it necessary to lie flat on the tops of the 
cars to diminish himself as a target. This was humiliating, and the only way 
out was to return the shots, which he did — with interest. The regiment 
lingered awhile. Ware says: 

"At Macon City, when we arrived there, I was detailed on guard, and 
was stationed the furthest out on the dump, and was ordered to keep my 
gun loaded and cocked, so that if I was picked off I might at least have 
strength enough left to fire an alarm. This was comforting. I had just 
passed a hard day and night before I went on guard, and on the next morn- 
ing I came in pretty well used up. I was asked to go into town and find a 
grindstone and sharpen the mess cutlery preparatory to a campaign. I did 
so, and also ground my bayonet down to a fine, sharp, triangular point. 
When I came back I heard that the captain had ordered all guns cleaned and 
an inspection for noon. I went to the captain and asked permission to fire 
off the load in my musket, because it would take too long to draw the load 
with a ball-screw. He said, 'Yes.' Thereupon I fired the gun into the 
bank, and had hardly begun to clean it when a squad came and arrested 



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me, by order of the colonel, for firing the gun. I claimed the permission of 
the captain, and they took me before him, and he denied it. Thereupon a 
colloquy arose, and I called the captain something, and then I called him 
something else. I remember the idea, but not the exact language. There- 
upon I was gently conveyed to the guardhouse, which was the freight house 
of the railroad — not a large building — standing upon stilts. I never felt so 
bad in my life. I wanted to shoot the captain and burn the depot. 
There were a couple of cars of freight in the depot and it was piled up against 
the end wall, and on the top about eight feet up was a layer of lightning rods. 
I got up on the lightning rods and went to sleep. After a while I woke up, 
and the more rested the more mutinous I became. The officer of the guard 
drew a line on the floor with chalk, beyond which I must not go; it gave 
me about eight feet of the end of the room. I occupied it and planned 
devilment. . . In a lonesome and degraded mood, and wanting 
something to do, I proceeded to pull down the lightning rods onto the floor 
so as to make a better place to sleep, and lo and behold, I discovered a half- 
barrel labeled "Golden Grape Cognac." Now here was a place to do some 
thinking. ... I took my bayonet, which was naturally crooked and 
artificially sharp, and using it like a brace and bit, I began to bore into the 
head of the cognac barrel." 

By a clever device he ran the cognac down through the floor of the freight 
house to his fellow soldiers. The result may better be imagined than de- 
scribed. It was worse than mere war. 

Soon enough the young fighters were out of the cars and on foot. Here 
is Ware's allusion to the wind-up of one day's march early in the campaign: 
"There never was a more exhausted mudsill than I was. The day had 
been hot, and seventeen miles in the sun carrying my accouterments, and, 
above all, the old 'smoke-pole,' which by evening weighed a ton, about 
used me up. I did not get into camp until 9 p. m. I sat down on a wagon 
tongue; the boys were lying all around, sleeping every which way. Old 
Mace [the cook] brought me a tin cup of coffee. It was too hot. I was too 
tired to eat. I set the coffee down on the ground to cool; I then slid over 
backwards on the ground, my legs over the wagon tongue, and I slept until 
dawn. I then freed myself of the tongue, drank the cold coffee, and crawled 
under the wagon and went to sleep again. We were in the middle of a road, 
but it was a good enough place to sleep." 

One of the most deadly foes met by the boys in their journey south is 
thus described: 

"There was a house near our camp that had outdoors a large soap kettle. 
I was with Corporal Churubusco. We figured up how many different 
insects we were harboring; it was seven. 'Yes,' said the corporal, 'and 
mosquitoes will be eight. ' We got a fire under the soap kettle and got some 
water boiling, and then put in our clothes, while we took scissors and trim- 
med each other's hair down to the cuticle. While our clothes were boiling 
we went down to the river in 'undress uniform' and with a bar of acrid, 
illnatured soap we did our best; then we returned, wrung out our boiling 
clothes, put them on, and dried them in situ as rapidly as possible. The insect 
pests of Missouri never let up during the campaign; the chiggers and the 
ticks were always with us; they burrowed in and made angry, venomous 



Eugene Fitch Ware. 



23 



sores. These eight varieties of insects kept each of us busy during the 
balance of the campaign. The flies afterwards made it nine." 

Ware describes the attempt of the southern statesmen to secure the 
help of the Indians in the war. In this attempt they were partly successful. 
Ware describes the fate of some of the Indian soldiers: 

"At the battle of Pea Ridge, which was fought on the 6th, 7th and 8th days 
of March, 1862, a large number of these Indians were found among the rebel 
forces. This battle, fought with grim determination on both sides, ended in 
crushing defeat for the Confederate general, his death, and the retreat and 
scatterment of the Confederate army there engaged. It so happened that 
eleven Indians were captured upon that field by persons so mild tempered 
that they spared the lives of the captives. All the other Indians were killed 
outright. When these eleven Indians were got together it was determined 
to send them North, for the purpose of (to use an expression of the day) 
'firing the Northern heart.' It was believed that if these Indians could be 
exhibited as being captured with arms in their hands there would be an 
immediate outpouring of sentiment which would bring to the aid of the 
army money and volunteers in increased ratio; although even at that time 
sentiment was strong, because McClellan had gathered together and or- 
ganized a fine army on the Potomac, which he was shortly to move, as was 
believed, to quash the Confederacy at Richmond. 

"The route from Pea Ridge to Springfield was the most dangerous part 
of the route. . . . The orders were to keep the strictest guard upon 
these Indians, and not let any of them escape. It was desired that all should 
be taken safely and surely to the North, so that they might be exhibited 
as a show in the northern cities, in a group. The indignation of the soldiers 
of our command towards the Indians was very great. 

"The line of march from Springfield to Rolla lay through a timber country 
all of the distance. The prisoners were marched compactly in the road. 
In the front was a slight cavalry advance guard; along each side marched 
some of the infantry and some of the cavalry. The cavalry rode one behind 
the other, with their revolvers in their hands. In front of the prisoners was 
a little squad of infantry, to keep the prisoners from running forward, and 
back of the prisoners another squad of infantry, to make them keep up. 
Behind came the wagons. When we camped at night these prisoners were 
herded together and compelled to build a stake-and-rider fence around 
themselves every night. They all knew how to build such fences, and they 
were hurried up in doing it. It was not possible, as the march was arranged, 
for any one to attempt to escape without being shot. The Indians somehow 
began to feel that they had no sympathy, not even from their coprisoners, 
and seemed determined to take every opportunity to escape. In marching 
on the line they would always manage to occupy the positions in the line 
from which escape was easiest and least hazardous. One after another of 
these Indians made efforts to escape, but the eyes of guards and of the whole 
escort were upon the Indians, and every time that one of them made an 
attempt he lost his life. The result was that when we got to Waynesville, 
Mo., which was about twenty-eight miles from Rolla, there was only one 
Indian left, and during that night one of the guards killed him." 

The fighting in Missouri and Arkansas was at times severe, and when 
there was no actual fighting against the southern soldiers there was fighting 



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of another sort — insufficient food, poor clothing, poor shelter, no medical 
or hospital care — in short the regiment suffered all that neglected soldiers 
ever suffered. The undying wonder will always be that they held together 
and that they reenlisted at the end of their first period of service. 

After Gettysburg, in 1863, certain companies of the Seventh Iowa cavalry, 
which was now Ware's regiment, were ordered west to fight the Indians be- 
tween Omaha and the mountains. In this service he continued until the 
close of the war. His story of the Indian war is a wonderful reel of wonder- 
ful pictures. Any picture show which will faithfully present all the pictures 
made by Ware's pen in his Indian war book will make an unqualified success. 
I can only quote a few vivid paragraphs. The first days in Omaha were 
bad enough. He says: 

"That night there was some kind of a show in Omaha, theatrical or 
otherwise — I do not remember. It just happened, as the regiment was then 
organized, and at that particular time situated, that I, being a second 
lieutenant, was the youngest officer in rank immediately with the regiment. 
So the colonel after supper turned over the command of the regiment to the 
major, who was next; and the major turned it over to the senior captain, 
and the senior captain turned it over to some one else, and all started for 
town on horseback. Finally it got down to the lieutenants, and by eight 
o'clock my immediate superior had turned the regiment over to me. There 
was no commissioned officer to whom I could turn; they all outranked me, 
and I had to stay up and take care of the regiment while all of my seniors 
went into the city. By nine o'clock the regiment was boisterous. Reveille 
was sounded, then tatto, and afterwards 'taps.' By the time taps were 
sounded I found a large part of the regiment drunk, and once in a while 
some soldier with a shriek of ecstasy would fire his revolver at the moon. 
Then I would take the corporal and guard and put the man under arrest. 
In a little while I had the guard tent full, and still things were as lively as 
ever. I finally got a crowd of about twenty-five sober men and went around 
and gathered up the noisiest and set a sergeant drilling them. But they 
soon ran, helter-skelter, and the camp guards could not stop them. My 
escort and I smashed up all the whisky we could find, and finally got to 
tying the loudest ones up to the wagons with lariats, and by about eleven 
o'clock there was some semblance of order. Finally the officers began to 
string in, but I had a bad three hours." 

On the plains the regiment met a windstorm. I do not doubt it was 
the one which later suggested the poem entitled "Zephyr," in which the 
zephyr . . . "calmly journeyed thence, With a barn and string of 
fence." 

"I will recur to a windstorm that came on October 17th. The air was 
dry and arid, and a sudden wind came up in the forenoon from the north, 
unaccompanied by dampness or snow. The wind just blew, and kept in- 
creasing in force and momentum. All of our tents were blown down during 
the afternoon, and during the gale it was impossible to raise them. Our 
stuff was blown off from the flat ground and rolled and tumbled over until 
it struck the depression of the arroyo of Cottonwood canyon. It was a 
straight, even wind. We soon found out what it was necessary for us to build 
in order to resist the climate. The pilgrim quarters at McDonald's ranch 
was soon stored with what were obliged to save. Incredible as it may seem, 



Eugene Fitch Ware. 



25 



the wind blew down the stovepipe into the stove, so that it turned one of 
the covers to get exit. This heavy iron cover was about seven inches in 
diameter. When we put it back the stove rattled until again the cover 
turned over. Jimmy O'Brien said it was an 'Irish tornado' — that the wind 
blew ' straight up and down. ' Along in the afternoon our horses, that were 
tied up with picket rope, became frantic and began breaking away. A two- 
inch rope was torn from its moorings and the horses started up Cottonwood 
canyon. There were less than half a dozen horses that were left securely 
tied. These were immediately saddled, and soldiers detailed to corral the 
stampeded horses and to keep them together in the canyon. By using iron 
picket pins and lariat ropes some few of the tents were got up again, toward 
night, and held in place. The wind blew a gale all night, and got somewhat 
chilly. Boxes of clothing and hard bread were rolling over the prairie, bound 
for the arroyo. We all of us slept where we best could, but most upon the 
lee bank of the canyon bed. The wind immediately subsided as the sun rose 
in the morning, and we had no more trouble with it except to gather up the 
things. The difficulty with the wind was that it carried the sand and gravel 
in the air, and made it painful and almost dangerous at times to be where the 
full effect of the current came, which was mixed with the sand and gravel." 
One day Ware went out to kill a buffalo: 

" . . . The time that I had with that buffalo in the canyon I 
shall not soon forget. He chased me a great deal more than I chased him. 
The matted hair upon his forehead was filled with mud, and he faced me at 
all times. My revolver bullets glanced off from his forehead apparently as 
if it were a piece of granite, and they only seemed to irritate him. It was 
fully two hours before I laid him out, and I had fired thirty-one shots." 

It is difficult to imagine a more vivid picture than that of Ware in pursuit 
of buffalo or Indians on the horse he loved best. He says: 

"... I had two horses, one a good, average cavalry horse, but I 
managed to become the owner of a large, raw-boned iron-gray horse. 
I got him before coming to Nebraska, and paid $135 for him. The horse 
formerly belonged to Colonel Baker of the Second Iowa Infantry, who was 
killed in the battle of Pittsburg Landing. The horse was not afraid of fire- 
arms nor musketry. He had a mouth that was as tough as the forks of a 
cottonwood log, and I had to use a large curb bit on him, with an iron bar 
under the jaw, made by our company blacksmith. Without this terrible 
curb I could do nothing with him. He was afraid of nothing but a buffalo, 
and as a wild buffalo is more dangerous than a bear, I was always afraid 
that some time he would act bad and get me hurt. He was also very much 
frightened at even the smell of a buffalo robe. This large iron-gray horse 
would start out on a dead run for Gilman's ranch, and keep it up for fifteen 
miles without halting. I never saw a horse with more endurance or more of 
a desire to go, and he kept himself lean by his efforts and ene gy. I knew 
that when I was on his back no Indian pony nor band of Indians could over- 
take me, and hence I scouted the country without apprehension." 

As illustrating Ware's remarkable talent for understanding and remem- 
bering mechanical details, I quote his account of gun practice written nearly 
half a century after the occurrence: 

"Along on the side of the hill west of our post, and about five hundred 
yards from it, we put up a palisade of logs sunk in the ground, and forming 



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an eight-foot square target. I practiced with our howitzers upon this target 
until I got the exact range and capacity of the two guns. They varied but 
little. We had to know how far the guns would shoot, and the number of 
seconds on which to cut our shell fuses. . . Our powder was separate, 
in red flannel-bag cartridges, so made as to fit the rear chamber of the gun, 
which was smaller than the caliber. Attached to the schrapnel shell was a 
wooden block made accurately to fit the bore of the piece. The powder 
was first rammed down, and then the shell rammed down on the wooden 
block, which was called a 'sabot.' The sabot was merely a wad. The fuse 
of the shell was toward the muzzle of the gun. The explosion of the powder 
went around the shell and ignited the fuse in front of it. The gun was fired 
with what were called 'friction primers,' which, being inserted in the touch- 
hole and connected with the lanyard, were pulled off, and threw the fire down 
into the cartridge. But before the friction primer was put in a 'priming- 
wire' was thrust down to punch a hole through the flannel bag of the car- 
tridge. The process of loading was somewhat complicated for so simple a 
gun. One man brought the powder cartridge and inserted it, and it was 
rammed home by another man with a wooden rammer. Then another 
brought the shell with sabot attachment, and that was immediately ram- 
med down, sabot first. Another man used the priming-wire and inserted 
the friction primer. The chief of the piece then sighted the gun and gave 
the signal to the man who held the lanyard. The schrapnel was made as an 
iron shell about five-eighths of an inch thick, with an orifice of about an 
inch and a half, on which the thread of a screw was cut. Then the shell was 
filled with round leaden balls, and in the interstices melted sulphur was 
poured. Then a hole was bored down an inch and a half in diameter through 
the bullets behind the open part, and this was filled with powder, leaving the 
sulphur and lead arranged around the powder; then the fuse was screwed in. 
The utmost angle of safety in firing the howitzer was fifteen degrees. Any- 
thing more than that was liable to spring or break the axle on the recoil. 
At an angle of fifteen degrees, unless the trail was fixed properly, the piece 
was liable to turn a summerset. After a great deal of experiment of the 
two pieces I prepared a little schedule of distances and seconds, which I 
furnished to my sergeants. All of the sergeants were instructed in sighting 
the piece and in cutting the fuse. The fuse was a tin disc, and was cut with 
a three-cornered little hand chisel. My experiments differed somewhat in 
result from the artillery manual, but was accurate in regard to the two 
particular pieces. . . " 

Additional gun practice is described as follows: 

"Well, Corporal Churubusco said that what made a gun kick was — what 
every old Mexican soldier knew — there was space in the barrel behind the 
touchhole; that the fire from the cap went into the barrel too far forward. 
We then proceeded to fill in the barrel at the bottom, according to his sug- 
gestions. A silver dime just fitted the barrel, but silver dimes had dis- 
appeared from circulation. Nevertheless I managed to get one, and then 
another and then another, until I had rammed down six of them. But the 
gun kicked apparently as hard as ever; and then I wanted the silver out — 
that is, I wanted my money back — but that was an impossibility; the 
discharge had swaged the silver down and brazed it to the barrel. The gun 
continued to kick like 'sixty' (the number of cents which I had rammed 



Eugene Fitch Ware. 



27 



down). We all named our guns; the boys generally named them after their 
pet girls — it was ' Hannah, ' or ' Mary Jane, ' or something else. I named 
mine 'Silver Sue.' " 

Here is a striking paragraph showing the nature of some of the duties that 
fell to patriotic officers on duty in the field: 

"... Captain O'Brien got the company together [at the mouth of 
Cottonwood canon, Nebraska] at noon on election day, and made them a 
speech. So did I. It wasn't very much of a speech, only I told them we 
couldn't afford the let Iowa get into the hands of the Copperheads, because 
then they would stop recruiting and try to bring the war to a close. We made 
the speeches a little bit bitter, and got the men worked up pretty thoroughly. 
I was the election officer who was to receive and count and forward the 
ballots. The captain was as ardent as I was, and a better talker. I was 
pleasantly surprised that the men stayed with us; only eight voted the op- 
posite ticket. Captain O'Brien was much delighted. I made every effort 
to find out from among the boys who it was that voted those eight votes. 
It was, of course, somewhat difficult to find out, but I think five of the eight 
TDecame deserters, and of the other three one was killed by whisky, and two 
had poor military records. Assisted by the soldier vote, the state of Iowa 
was saved and retained in the ranks of loyal states. On looking back it 
seems to me strange how hard we had to fight, and yet how much exertion 
we had to put forth to control those in the rear so that we could be per- 
mitted to put down the rebellion. As I look back on it I don't see how it 
was that the Union was saved; and I can not comprehend, although I was in 
the middle of it, how it was that we managed to keep things going until the 
end came, in a satisfactory manner." 

Here is a touch of romance such as came to many soldiers: 

"Turning from the subject of Indians to another far more interesting, 
I will relate an occurence that happened early in March; but I must go 
"back into the past. I had been with the first army of General Curtis that 
marched down through Arkansas from Pea Ridge to Helena in 1862. We 
arrived at Helena, on the Mississippi river, shortly after the river was 
opened up by the gunboats at Memphis, the bombardment of which we 
heard over in Arkansas. As the rebel gunboats were chased down the river 
the transports came from the North, and, as we were quite ragged, clothing 
was issued to us, and I drew a government blouse. In the pocket of this 
blouse, August, 1862, at Helena, Ark., I found a letter substantially in these 
words: 'I would like to know where this blouse is going to. If the brave 
soldier who gets it will let me know I will be very much obliged to him.' 

It was signed Louisa J. B -. The letter was from a town that was one 

of the suburbs of New York City, in New Jersey. I immediately answered 
it, although the blouse had been some time coming, and a correspondence 
grew up which had run considerably more than a year. The correspondence 
consisted of my detailing matters concerning the campaigns that I was in, 
and the military duties which I was performing. The answers from New 
Jersey consisted in telling briefly what the newspapers said about the pro- 
gress of the war and the actions of the President. About the first of March, 
1864, I received a very nice letter, in which the writer said that she was the 
mother of the young lady who had written me. ... It was one of the 
micest letters ever written; it produced a very great impression on me. I 



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had a sister of my own whom I thought a great deal of, and I couldn't help 
thinking that I would feel the same way if she were writing to some one 
under the same circumstances. After cogitating over the letter I returned 
it to her, telling her that all correspondence so far had been destroyed, which 
was the fact; that I had only the last letter, which I returned herewith; 
that I appreciated her feelings exactly, because I had relatives of my own; 
and that I would assure her that the correspondence was ended. About a 
month or more after that I received all my letters back from the young 
lady, and they were fragrant with roses, and had pencil marks, underscored 
sentences, and query marks on the edges, and all that sort of thing. After 
reading them consecutively through from one end to the other, I placed them 
gently upon the cedar coals while the aroma floated out upon the thirsty 
air. And that was the last of the episode, for I have never heard of any of 
the persons since; and as nearly fifty years have now elapsed I probably 
never will. I never interested myself further in the matter. There was 
another girl." 

Many people have wondered how a telegraph line could stay in order a 
day in the Indian country. Ware explains: 

"... It may be thought strange that the Indians did not secretly 
destroy the telegraph line. There were a number of strange stories con- 
nected with it, and with Indian experience. In order to give the Indians a 
profound respect for the wire, chiefs had formerly been called in and had 
been told to make up a story and then separate. When afterwards the story 
was told to one operator where one chief was present, it was told at another 
station to the other chief in such a way as to produce the most stupendous 
dread. No effort was made to explain it to the Indians upon any scientific 
principle, but it was given the appearance of a black and diabolical art. 
The Indians were given some electric shocks, and every conceivable plan 
to make them afraid of the wire was indulged in by the officers and em- 
ployees of the company, it being much to their financial advantage to make 
the Indian dread the wire. 

"About a year before we were there a party of Indian braves crossed 
the line up by O'Fallon's Bluffs, and one Indian who had been down in 'The 
States, ' as it was called, and thought he understood it, volunteered to show 
his gang that they must not be afraid of it, and that it was a good thing to 
have the wire up in their village to lariat poines to. So he chopped down a 
pole, severed the wire, and began ripping it off the poles. They concluded 
to take it north with them, up to their village on the Blue Water river, about 
as much as they could easily drag. It was during the hot summer weather. 
They cut off nearly a half-mile of wire, and all of the Indians, in single file 
on horseback, catching hold of the wire, proceeded to ride and pull the wire 
across the prairie towards their village. After they had gone several miles 
and were going over the ridge they were overtaken by an electric storm, 
and as they were rapidly traveling, dragging the wire, by some means or 
other a bolt of lightning, so the story goes, knocked almost all of them off 
their horses and hurt some of them considerably. Thereupon they dropped 
the wire, and coming to the conclusion that it was punishment for their acts 
and that it was 'bad medicine,' they afterwards let it alone. The story of it, 
being quite wonderful, circulated with great rapidity among the Indians, and 
none of them could ever afterwards be found who would tamper with the 



Eugene Fitch Ware. 



29 



wire. They would cut down a pole and use the wood for cooking, but they 
stayed clear of the wire, and the operation of the telegraph was thus very 
rarely obstructed." 

A tear and a smile follow this story of the homesick soldier: 
"There is in all military bodies a feeling of homesickness, much more 
aggravated in some than in others, but which once in a while breaks out 
and becomes contagious. We had several spells in our company in which 
the men became homesick. In fact, almost as soon as we reached Cotton- 
wood Springs, in October, 1863, and camped upon the bleak and desolate 
land, some of the boys nearly broke down. One of them I remember parti- 
cularly, and I felt very sorry for him. He was a German named Hakel, over 
twenty-one years of age. He had a sweetheart in Dubuque, Iowa. Some- 
thing must have gone wrong, because he got a case called in military medi- 
cine 'nostalgia,' and he drooped around and seemed to take no interest in 
much of anything. He wouldn't even interest himself in the taste of the 
fine old whisky which I got from Fort Kearney. One day he said that he 
believed he would go down to the bank of the river and clean his revolver. 
There was no need of his going to that place; but he did go to the place, 
and shortly after we heard the sound of a firing, and on investigation he had 
killed himself. It was impossible to tell whether he had done it accidentally 
or not. But I made up my mind that the proper thing to do was to give 
him the benefit of the doubt, and it being my duty to report the fact to 
headquarters, I did so, and the way I reported it was quite brief. I gave 
his name and full description, and I stated the cause of death to be 'acci- 
ental suicide.' I thought the term 'accidental suicide' was about as brief 
as I could make it. The colonel of our regiment was an aged lawyer from 
an Iowa village. He immediately directed the regimental adjutant to 
return the report to me for correction, saying there was no such thing as 
' accidental suicide. ' This illustrates the littleness of so many officers. The 
great affairs of the regiment, their supplies, drill and efficiency, were taken 
little or no notice of. Except for the meddling at long intervals, we hardly 
knew we had a colonel. In this case this was the first time I had heard from 
the colonel for a long while. But he claimed to be a lawyer, and he claimed 
that there was no such thing as ' accidental suicide. ' So in my second report 
I described the death with a circumlocution that I think must have given 
him a pain. I described the death in about the words of a legal indictment, 
and stated that Hakel had come to his death from the impact of a leaden 
bullet, calibrer 44, propelled by a charge of powder contained in the chamber 
of a Colt's revolver, caliber 44, number 602,890, which pistol was held, 
at 3:45 p. m. of said day, in the right hand of the said Hakel. I also set 
forth that the discharge of the said revolver was not intentional, but was 
an involuntary action on the part of the said Hakel, etc., etc. I managed to 
describe accurately and with considerable minuteness the portions of his 
shape through which the bullet went, and the result. The colonel down 
at Fort Kearney, where he was then located, had made considerable fun of 
my statement of 'accidental suicide,' and I had received privately some 
letters containing his wise and oracular disquisitions upon the English 
language. So, when I afterwards sent a copy of my second report to some 
of the officers, it tickled them very much, but it produced a bad feeling 
between the colonel and me; I had more friends in the regiment than he had. 



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Kansas State Historical Society. 



Some time afterwards, the strength of the regiment having been reduced by 
casualties to a number slightly below the minimum, concerning which no 
notice would have been taken except for the general opinion in which the 
colonel was held, he was mustered out. We shed no tears." 

While in the Indian country Ware saw numerous celebrities; among them 
Artemus Ward: 

"In March, 1864, while we were at the post, Artemus Ward, the great 
humorist, came through on a coach; and hearing that he was coming,. 
Captain O'Brien and I went to the coach to greet him. It was late in the 
afternoon. The first thing he did was to ask us to go and take a drink with 
him, and Boyer's was the saloon. Artemus Ward went in, with us following 
him, and said, 'What have you got to drink here?' Boyer said, 'Nothing 
but bitters.' Ward said, 'What kind of bitters?' Boyer said, 'I have got 
nothing but Hostetter; some trains went by here and they cleaned me out 
of everything but Hostetter.' So Ward said, 'Give us some Hostetter/ 
and the bottle was shoved out on the cedar counter. We took a drink with 
Ward, who told us about some Salt Lake experience he had recently had. 
In a little while the driver shouted for him to get aboard. Ward turned to 
Boyer, and he says, 'How much Hostetter have you got?' Boyer looked 
under his counter and said, ' I had a case of two dozen bottles, which I opened 
this afternoon, and that is all I have got, and I have used up five of them. ' 
Said Artemus War, 'I have got to have eighteen of those bottles.' Boyer 
said, 'That only leaves me one bottle.' Ward said, 'It don't make any 
difference; your mathematics are all right, but I want eighteen of those 
bottles.' The bottles sold for $1.50. Ward said, ' I will give you $2 a bottle. * 
In a short time the money had been paid. Ward went to the coach with the 
box of eighteen bottles under his arm, and we bade him an affectionate 
adieu. The crowded coach greated him with cheers, and I have no doubt 
that they finished the whole business before morning, on the coach. " 

Another man who afterwards became famous in the business world was 
one of Ware's closest friends: 

" During April a vacancy as second lieutenant took place at Fort Kearney, 
in company A. The first sergeant, Tom Potter, and I had been friends, and 
I had been working to help him get into the vacancy, and during April I 
was very much grieved to hear that he had failed in being commissioned. 
This Tom Potter finally became an officer of the company. Our relations 
were exceedingly friendly, but at this time he had no money, few friends, 
and no relatives. There was nobody to help him. He was alone in the 
world, and promotions did not always go upon their merits. Our friendship 
lasted for many years, until his death. He afterwards became president of 
the Union Pacific Railroad at fifty thousand dollars a year, and worked 
himself to death. But in the very height of his powers in the army he was 
unable to become second lieutenant, owing to the petty little rivalries and 
dishonest instincts of his superiors, until long afterwards." 

In these times millions of passengers crossed the plains annually. In 
the old days a heavy business meant only a few people: 

"One day a discussion grew up as to the amount of travel on the plains. 
Those who had lived on the plains for some time said that the travel from 
January 1st to April 1st, 1864, had been the heaviest ever on the plains, for 
that season of the year, and that the probability was that the year 1864 would 



Eugene Fitch Ware. 



31 



show more travel by far than ever before. Various persons began to tell 
about the trains which they had seen. Many persons told of trains that 
were from ten to fifteen miles long, being aggregations of several independent 
trains. They told of eight hundred ox teams passing their ranches in a single 
day. Mrs. MacDonald, the wife of the ranchman at our post, said she had 
many times kept account of the number of wagons which went by, and 
that one day they went up to nine hundred, counting those going both 
ways. That may sound like a very large story, and it is a large one, but is 
entirely credible. These ox terns would pass a store in their slow gait about 
one in a minute and a half or two minutes, after they had begun to start by. 
But that would only make three to four hundred in ten hours; but when 
trains were going both ways, as they were, it is not incredible by any means 
that nine hundred wagons passed a ranch in one day. I have stood on the 
* Sioux Lookout ' with my field glass, and have seen a train as long as I could 
definitely distinguish it with my glass, and it would stretch out until it 
would become so fine that it was impossible to fairly scan it. As the wind 
was generally blowing either from the north or the south, the teams had a 
vast prism of dust rising either to the north or south, and the dust would 
be in the air mile after mile until the dust and teams both reached the vanish- 
ing-point on the horizon." 

Here is a compact statement of the case of the government in its capacity 
as guardian for the Indians: 

"The Indian policy of the government was necessarily crude. The 
Indians were powerful, quite free, and fond of devilment; yet between them 
there was not much coherence, owing to rivalries and feuds. They were 
divided into bands under the control and leadership of favorite chiefs, who 
often envied and hated each other. Hence it was that we would not mistreat 
any Indian without taking the chances of making trouble; thus, if an Indian 
would suddenly appear at our post we could not kill him or imprison him 
or treat him as an enemy, because the particular Indian had done nothing 
that we could prove as an overt act. As far as the Sioux were concerned 
we had to keep on the defensive, because some of the Sioux chiefs were 
trying their best to keep their bands and young men from acts of war. It 
was cheaper to feed the Indians than to fight them, and the constant efforts 
of the commanding officers were to make treaties of peace; which resulted 
practically in our buying privileges and immunities from them. The de- 
mands of the Civil War, which was straining the nation's resources, added 
much to the difficulties of the occasion. So we were in an attitude all the 
time of about half war and half peace with the Indian tribes. We could not 
punish them adequately for what they did, nor could they drive us off from 
the Platte valley. We let them alone if they kept out of our way, and they 
let us alone when the danger seemed too great. Of all the Indians in our 
territory the Cheyennes seemed to have the least, sense; they lacked judg- 
ment, and were entirely unreliable. The pioneers placed the Arapahoes 
next. For respecting treaty obligations, the pioneers placed the Brule Sioux 
at the head of all the northwestern Indians." 

This little chapter illustrates well the power of one mind over many when 
one has nerve: 

"A man had come in, about a mile below Julesburg, which itself was a 
mile below our post, had repaired up and rebuilt and put in shape a two- 



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Kansas State Historical Society. 



room sod house, and he had been running a whisky establishment, patronized 
by pilgrims, in the first room, and a poker establishment in the rear room. 
He had been afraid to sell any whisky to the soldiers, and he had not been 
discovered. But shortly before Christmas he had been joined by another 
bandit, and they had begun selling whisky to the soldiers and cheating them 
out of their money playing poker in the back room. This went on for two 
or three days, until the first thing I knew there had been a lot of my men 
down there having a row with a lot of pilgrims, and having a shooting-match 
with these two proprietors, who needed killing as badly as any two men on 
the Platte river. 

"The next thing that I heard was that these two bandits had attempted 
to kill and rob one of my men, had cheated a lot of them out of their money, 
and that there was a posse of my company going down to kill them both. 
I could hardly believe the stories that were told me privately by the non- 
commissioned officers and by some of the men who knew all about the 
proposed plan. It was given to me one afternoon between Christmas and 
New Year's that some of the boys in the company were going to go down 
and lynch these two ranchmen (as they called themselves). Finally I heard 
that it was to be the night of the 29th. Captain O'Brien and First Lieutenant 
Brewer, the quartermaster, had both gone to Cottonwood Springs, as stated, 
to make requisition and receipt for horses, and I was left all alone, and I 
was told that night they were going to lynch those two men sure, and that 
both of them were rebel deserters. 

"Nobody seemed to understand the extent of the plot, nor how many 
there were in it, but from what I could learn, all the toughest characters 
in my company had, by a sort of Masonic secrecy, planned to work together. 
That evening at roll-call, while the men were all drawn up in line, I told them 
that there had been rumors that some of them were going out of the camp 
that night and were going to commit some depredations. I told them that 
if that should take place, and any citizen would be killed, that it would 
result in my being dismissed from the service as being unable to command 
my company; that I did not intend to be dismissed from the service; that 
I did not intend to let anybody go down the road and commit any impro- 
priety. And I told them that, in view of the fact, I would change the guard 
somewhat to-night, and there would be a little stronger detail than before. 

"After the company disbanded the orderly sergeant came to me and 
told me that he believed the whole matter had been abandoned and that 
there would be no trouble. But I was fearful of it, and while I did not think 
that there should be any real reason why I should prevent the two bandits 
being lynched, I knew that I could never explain it, and that it was my 
military duty to see that it did not happen. 

"I selected particular camp guards for that night, and put them out- 
side of the post, one on each of the four sides. Before the guards were set 
I called them into my headquarters and told them that I expected that there 
would be some men start out to commit some devilment that night below 
the station. I told them that I wanted them to keep close guard that the 
men did not run past in bulk or did not slip out one by one and join them- 
selves together down the road. I also told the corporal of the guard that I 
wanted him to report to me every thirty minutes. Along about eleven 
o'clock the corporal of the guard came to me and told me that two men 



Eugene Fitch Ware. 



33 



certainly had slipped out during the night, and had been seen. I immediately 
called my orderly and had him saddle up my black pony, of which I will 
speak more hereafter. I immediately went into the barracks to see how 
many of the men were on hand, and I found ten of them gone. I had the 
pony tied up in front of the office while I got my carbine and revolver loaded 
with some cartridges, and a pocketful of crackers to eat. 

"Just as I had got about ready to start the corporal of the guard came 
in and said that there was about a dozen more of the boys that had run the 
guards. So I got onto my pony, and not desiring to give them any clue to 
my coming, I rode out in a big circle on the prairie as fast as I could go, so 
as to get ahead of them. It was a long ride. Coming down to about a 
hundred yards of Julesburg station, I got down to the ground, and in the 
darkness I heard and dimly saw a large squad of the men walking on down 
at a route step towards me. I had got in ahead of them in the dark. 

"I rode up towards them until I got within about two hundred feet of 
them, and I cried 'Halt!' and dismounted from my pony and raised my 
carbine. They huddled together, and came more slowly. Finally I again 
ordered them to halt, and told them that I wanted them to stay halted until 
they heard what I had to say. They halted in silence. I told them that I 
knew what they were after; that it was a crime which they proposed to com- 
mit; that they had no right to kill rebels that way; that if I permitted it I 
would be unfit to command the company; that I didn't propose to let them 
go any farther; that I would shoot the first man that got up near enough 
for me to draw a bead on him; that if they started to run around me I would 
get as many of them as I could with my carbine; that I wanted them to 
stay together; that I wanted them to turn about face and march back to 
the post. They remained still, and commenced whispering to each other. 
I then threw the bridle rein around my pony's neck, gave him a kick, and off 
he started back to the post. I heard a revolver click, and then I clicked my 
carbine, brought it up to my eye, pointed it in the midst; they were about 
forty feet from me. I said, 'You can not shoot so quickly that I can not 
get one of you. Now make up your minds to go back, because there is where 
you are going. There is no hurry about it; take plenty of time, but decide 
it right. You are not going a foot farther down the river to-night. ' I held 
the carbine up to my eye; I pointed at the group, and I kept holding it. It 
seemed a long while. I knew the men could make a rush, but they could not 
keep me from shooting at least one of them, and as I had two revolvers in 
my belt, both of them cocked, I knew that I was as safe as any of them. 
I knew that if they had time they would come to the right conclusion. They 
did not want to hurt me. Finally, after a very long pause, I heard one of 
them say, ' Well, let 's go back, ' and they began turning around and start- 
ing back. I followed them, and I said, ' Quick time — march, ' and the speed 
became more rapid. Finally I said, after we had gone a while, 'Double — 
quick — march,' and they all started off on the run. And they ran away 
from me for the reason, which I did not think of, that they wanted to get 
up into the post, and perhaps far enough ahead of me to evade identification. 
I was weighted down so with lunch, overcoat, revolvers, carbine and am- 
munition that I could not keep up, and they got ahead of me. The sentinel 
ordered them to stop, but they ran right over him, and he, disinclined to kill 
any of his comrades, let them go. My pony had come back to the post." 



—3 



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Kansas State Historical Society. 



Indian cleverness and soldierly courage are well illustrated in the following: 
"A little while before sundown I noticed a motionless Indian on horse- 
back over in the bottom across the river from the fort, and I thought I would 
go and see what effect I could make on him with my target rifle. I started 
to walk from the post down towards the river, the boys of the post being out, 
ready to furnish me any protection I might need. The Indian on the other 
bank of the river dismounted and left his horse and started walking toward 
me. He finally stooped down in the grass, which was quite heavy, but I 
could plainly see him. By throwing up the sights of my target, I pulled on 
him, but the bullet fell short, as I could see by the dust which rose where it 
struck. I had scarcely fired my gun when the Indian fired, and a bullet 
went whizzing over my head in a way so familiar that I knew it to be a 
Belgian riflemusket. I had heard them often down south. I then made 
three quick shots, to see if I could reach the Indian, but my rifle would not 
carry to him. I began to march obliquely back to the post, going somewhat 
to the left, so as to change the Indian's line of fire, but he got in two shots 
on me before I got back to the post, to which I went in a leisurely but some- 
what interested way. The Indian had a better gun that I had — that is to 
say, one that would shoot farther — and I knew that the gun was one which 
had been furnished from some military command. The Indians did not 
buy Belgian muskets. This man had been standing out there making a 
target of himself so as to get somebody to come out and fire at him, and I 
had done exactly what he wanted me to do, and he had got three good shots 
at me before I was through with him. And I had to thank my stars that 
it was no worse. " 

Few more touching stories have ever been told than Ware's account of 
Ah-ho-appa, the daughter of Shan-tag-a-lisk, the Sioux chief: 

"It is the object of this brief article to tell the true story of an Indian 
girl and what happened to her. But in order that a comprehension may be 
had, by the reader, of the girl and her situation, it is necessary to go into 
some detail as to Sioux Indian life and history. It is also necessary to give 
some details of the Sioux nation as to its customs and geographical location, 
past and present; for without these facts the life and character of the Indian 
girl referred to can not be understood. 

"Her name was Ah-ho-appa, the Sioux name for wheaten flour. It was 
the whitest thing they knew. She had other names, as Indian women often 
have, but when the writer first saw her she was called Ah-ho-appa. How 
she got the name is forgotten. 

"Her father's name, Shan-tag-a-lisk, meant 'Spotted Tail'; some of the 
Indians pronounced it ' Than-tag-a-liska. ' He was one of the greatest 
chiefs the Sioux nation ever had. In order to explain him and what follows, 
it is best to give a brief description of the Indian question as relates to the 
Sioux nation at the time of the Civil War. 

"At Laramie half-breed runners were sent out to bring in the Sioux and 
have an ; djustment of pending difficulties, but the raid upon the line west 
of Laramie and the warlike feeling of the young men of the Sioux made it a 
failure. Nevertheless, some of the Indians came in, and Shan-tag-a-lisk 
was said to be within a hundred miles of the post with many lodges of his 
band. On consultation at the sutler's store it was considered best to issue 
provisions to all the Indians who came in, especially as Shan-tag-a-lisk was 



Eugene Fitch Ware. 



35 



keeping his band and his young Indians out of the war. It was thought 
best to make some presents to the Indian women who came in, and the 
post commander was instructed to do so from the post fund. The Indian 
women were presented with red blankets, bright calicoes, looking-glasses, 
etc., etc. The writer, as adjutant of the post, superintended, by order of 
the post commander, a distribution of provisions. All of the Indian women 
and children sat down in a circle on the parade ground, into the middle of 
which were rolled barrels and boxes of flour, crackers, bacon and coffee. 
Then from the few Indian men two or three were selected who entered the 
ring and made the division with great solemnity, going around the ring 
repeatedly with small quantities of the several articles that were being 
divided. My instructions were to see that everything was fairly done and 
all the supplies equally divided. 

"As I came up to the ring, on the day of the first division, an Indian girl 
was standing outside of the ring, looking on. She was tall i nd well dressed, 
and about eighteen years of age, or perhaps twenty. As the distribution 
was about to begin I went to her and told her to get into the ring, and mo- 
tioned to her where to go. She gave no sign of heed, looked at me as im- 
passively as if she were a statue, and never moved a muscle. A few teamsters, 
soldiers and idlers were standing around and looking on from a respectful 
distance. I shouted to Smith, the interpreter, to come. He came, and 
I said to him, 'Tell this squaw to get into the ring or she will lose her share.' 
Smith addressed her, and she replied. Smith looked puzzled, sort of smiled, 
and spoke to her again; again she replied as before. 'What does she say?' 
I asked of Smith. Smith replied, 'Oh, she says she is the daughter of Shan- 
tag-a-lisk.' 'I don't care,' said I, 'whose daughter she is; tell her to get 
into the ring and get in quick. ' Again Smith talked to her, and impatiently 
gestured. She made a reply. ' What did she say? ' I asked. ' Oh, she says 
that she don 't go into the ring, ' said Smith. ' Then tell her, ' I said, ' that if 
she doesn't go into the ring she won't get anything to eat.' Back from her, 
through Smith, came the answer: 'I have plenty to eat; I am the daughter 
of Shan-tag-a-lisk. ' So I left her alone, and she stood and saw the division, 
and then went off to the Indian camp. Several times rations were distri- 
buted during the week, and she always came and stood outside of the ring 
alone. During the daytime she came to the sutler's store and sat on a bench 
outside, near the door, watching as if she were living on the sights she saw. 
She was particularly fond of witnessing guard mount in the morning and 
dress parade in the evening. Whoever officiated principally on these occa- 
sions put on a few extra touches for her special benefit, at the suggestion of 
Major Wood, the post commander. The officer of the guard always ap- 
peared in an eighteen-dollar red silk sash, ostrich plume, shoulder straps, 
and about two hundred dollars' worth of astonishing raiment, such as, in 
the field, we boys used to look upon with loathing and contempt. We all 
knew her by sight, but she never spoke to any of us. Among ourselves we 
called her 'the princess.' She was looking, always looking, as if she were 
feeding upon what she saw. It was a week or ten days that Ah-ho-appa 
was around Fort Laramie. At last she went away with her band up to 
Powder river. Her manner of action was known to all, and she was frequently 
referred to as an Indian girl of great dignity. Some thought she was acting 
vain, and some thought that she did not know or comprehend her own 



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Kansas State Historical Society. 



manner. There was no silly curiosity in her demeanor. She saw everything, 
but asked no questions. She expressed no surprise, and exhibited not a 
particle of emotion. She only gazed intently. 

" One evening in the sutler's store the officers of parts of three regiments 
were lounging, when Elston was asked if he knew Ah-ho-appa. 'Very well 
indeed,' he said; and then he proceeded to say: 

" 'I knew her when she was a baby. She was here in the squaw camp 
eight or nine years ago, and must have stayed with her relatives here two or 
three years. She is very much stuck up, expecially in the last four or five 
years. She won't marry an Indian; she always said that. Her father has 
been offered two hundred ponies for her, but won't sell her. She says she 
won't marry anybody but a "capitan, " and that idea sort of pleases her 
father, for more reasons than one. Among the Indians every officer, big or 
little, with shoulder straps on, is a "capitan." That's a Spanish word the 
Indians have adopted. Every white man that wears shoulder straps is a 
capitan. With her it's a capitan or nobody. She always carries a knife, 
and is as strong as a mule. One day a Blackfoot soldier running with her 
father's band tried to carry her off, but she fought and cut him almost to 
pieces — like to have killed him; tickled her father nearly to death. The 
young bucks seem to think a good deal of her, but are all afraid to tackle her. 
The squaws all know about her idea of marrying a capitan; they think her 
head is level, but don't believe she will ever make it. She tried to learn to 
read and speak English once of a captured boy, but the boy escaped before 
she got it. She carries around with her a little bit of a red book, with a gold 
cross printed on it, that General Harney gave her mother many years ago. 
She's got it wrapped up in a parfleche [piece of dressed rawhide]. You ought 
to hear her talk when she is mad. She is a holy terror. She tells the Indians 
they are all fools for not living in houses and making peace with the whites. 
One time she and her father went in to Jack Morrow's ranch and made a 
visit. She was treated in fine style, and ate a bushel of candy and sardines, 
but her father was insulted by some drunken fellow and went away boiling 
mad. When he got home to his tepee he said he never would go around 
any more where there were white men, except to kill them. She and her 
father got into a regular quarrel over it, and she pulled out her knife and 
began cutting herself across the arms and ribs, and in a minute she was 
bleeding in about forty places, and said that if he didn't say different she 
was going to kill herself. He knocked her down as cold as a wedge, and had 
her cuts fixed up by the squaws with pine pitch; and when she came to he 
promised her that she could go, whenever he did, to see the whites. And 
she went; you bet she went. She would dress just like a buck and carry a 
gun. White men would not know the difference. They can't get her to tan 
buckskin or gather buffalo fuel. No sir. There was a teamster down at 
Bardeaux ranch that wanted to talk marry to her, but his moustache was 
too white.' (In the old folklore of the plains a man's liver was supposed to 
be of the color of his mustache. So the speaker meant that the teamster 
was white-livered, hence cowardly.) 

"Let us now visit Powder river, far north of Laramie. It was a cold 
and dismal day in February, about the 23d, 1866. Ah-ho-appa was stricken 
with consumption, and she was living in a chilly and lonesome tepee among- 
the pines on the west bank of the river. She had not seen a white person 



Eugene Fitch Ware. 



37 



since her visit to Laramie in August, 1864. During this time there had been 
a continuous state of war along the routes. Most of the Indians were in- 
volved in hostilities that seemed unlikely to ever end, except with the exter- 
mination of one party or the other. But Shan-tag-a-lisk kept out of it as 
much as he could. His camp had been moved backwards and forwards all 
over the Big Horn, Rosebud and Tongue river country, and was again on 
the Powder river, not far from where the three hundred horses of the Seventh 
Iowa cavalry perished in a September snowstorm. Ah-ho-appa's heart 
was broken. She could not stand up against her surroundings. In vain her 
father had urged her to accept the conditions as they were, to be happy and 
contented and not to worry about things out of her reach. But she could 
not. The object of her life was beyond her reach. She had an ambition — 
a vague one; but her hopes were gone. Shortly before her death a runner 
from Laramie announced to the Indians on Powder river that commissioners 
would come with the grass, who would bring the words of the Great Father 
to his Indian children. Shan-tag-a-lisk was urged to send runners to all 
the bands south and west of the Missouri river, and to meet at Laramie as 
soon as their ponies could live on the grass. Ah-ho-appa heard the news, 
but it came too late. It did not revive her. She told her father that she 
wanted to go, but she would be dead; that it was her wish to be buried in 
the cemetery at Fort Laramie, where the soldiers were buried, up on the 
hill, near the grave of Old Smoke, a distant relative and a great chief among 
the Sioux in former years. This her relatives promised her. 

" When her death took place, after great lamentations among the band, 
the skin of a deer freshly killed was held over the fire and thoroughly per- 
meated and creosoted with smoke. Ah-ho-appa was wrapped in it, and it 
was tightly bound around her with thongs, so that she was temporarily 
embalmed. Shan-tag-a-lisk sent a runner to announce that he was coming, 
in advance of the commissioners, to bury his daughter at Laramie. It was 
a distance of 260 miles. 

"The landscape was bleak and frozenly arid, the streams were covered 
with ice, and the hills speckled with snow. The trail was rough and moun- 
tainous. The two white ponies of Ah-ho-appa were tied together, side by side, 
and the body placed upon them. Shan-tag-a-lisk, with a party of his principal 
warriors and a number of the women, started off on the sad journey. When 
they camped at night the cottonwood and willow trees were cut down and the 
ponies browsed on the tops of the trees and gnawed the wood and bark. 
For nearly a week of the trip there was a continual sleet. The journey 
lasted for fifteen days, and was monotonous with lamentation. 

"When within fifteen miles of Fort Laramie at camp, a runner announced 
to Colonel Maynadier the approach of the procession. Colonel Maynadier 
was a natural prince, a good soldier, and a judge of Indian character. He 
was colonel of the First U. S. volunteers. The post commander was Major 
George M. O'Brien, a graduate of Dublin University, afterwards brevetted 
to the rank of General. His honored grave is now in the beautiful cemetery 1 
at Omaha. 

"A consultation was held among the officers, and an ambulance dis- 
patched, guarded by a company of cavalry in full uniform, followed by two 
twelve-pound mountain howitzers, with postilions in red chevrons. The 
body was placed in the ambulance, and behind it were led the girl's two 
white ponies. 



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Kansas State Historical Society. 



"When the cavalcade had reached the river, a couple of miles from the 
post, the garrison turned out, and, with Colonel Maynadier at the head, 
met and escorted them into the post, and the party were assigned quarters. 
The next day a scaffold was erected near the grave of Old Smoke. It was 
made of tent poles twelve feet long, imbedded in the ground and fastened 
with thongs, over which a buffalo robe was laid, and on which the coffin 
was to be placed. To the poles of the scaffold were nailed the heads and tails 
of the two white ponies, so that Ah-ho-appa could ride through the fair 
hunting-grounds of the skies. A coffin was made and lavishly decorated. 
The body was not unbound from its deer-skin shroud, but was wrapped in a 
bright red blanket and placed in the coffin, mounted on the wheels of an 
artillery caisson. After the coffin came a twelve-pound howitzer, and the 
whole was followed to the cemetery by the entire garrison in full uniform. 
The tempestuous and chilling weather moderated somewhat. The Rev. Mr. 
Wright, who was the post chaplain, suggested an elaborate burial service. 
Shan-tag-a-alisk was consulted. He wanted his daughter buried Indian 
fashion, so that she would go not where the white people went, but where 
the red people went. Every request of Shan-tag-a-lisk was met by Colonel 
Maynadier with a hearty and satisfactory 'Yes.' Shan-tag-a-lisk was silent 
for a long time; then he gave to the chaplain, Mr. Wright, the 'parfleche' 
which contained the little book that General Harney had given to her 
mother many years before. It was a small Episcopal prayer book, such as 
was used in the regular army. The mother could not read it, but considered 
it a talisman. Mr. Wright then deposited it in the coffin. Then Colonel 
Maynadier stepped forward and deposited a pair of white kid gauntlet cavalry 
gloves to keep her hands warm while she was making the journey. The 
soldiers formed a large hollow square, within which the Indians formed a 
large ring around the coffin. Within the Indian ring, and on the four sides 
of the coffin, stood Colonel Maynadier, Major O'Brien, Shan-tag-alisk, 
and the chaplain. The chaplain was at the foot, and read the burial service, 
while, on either side, Colonel Maynadier and Major O'Brien made responses. 
Shan-tag-a-lisk stood at the head, looking into the coffin, the personification 
of blank grief. When the reading service closed Major O'Brien placed in 
the coffin a new, crisp one-dollar bill, so that Ah-ho-appa might buy what 
she wanted on the journey. Then each of the Indian women came up, one 
at a time, and talked to Ah-ho-appa; some of them whispered to her long 
and earnestly, as if they were by her sending some hopeful message to a lost 
child. Each one put some little remembrance in the coffin; one put a little 
looking-glass, another a string of colored beads, another a pine cone with 
some sort of an embroidery of sinew in it. Then the lid was fastened on 
and the women took the coffin and raised it and placed it on the scaffold. 
The Indian men stood mutely and stolidly around looking on, and none of 
them moved a muscle or tendered any help. A fresh buffalo skin was laid 
over the coffin and bound down to the sides of the scaffold with thongs. 
The scaffold was within the military square, as was also the twelve-pound 
howitzer. The sky was leaden and stormy, and it began to sleet and grow 
dark. At the word of command the soldiers faced outward and discharged 
three volleys in rapid succession. They and their visitors then marched 
back to the post. The howitzer squad remained and built a large fire of 
pine wood, and fired the gun every half-hour all night, through the sleet, 
until daybreak. 



Eugene Fitch Ware. 



39 



"The daughter of Shan-tag-a-lisk was an individual of a type found in 
all lands, at all times, and among all peoples; she was misplaced. 

"Her story is the story of the persistent melancholy of the human race; 
of kings born in hovels, and dying there; of geniuses born where genius is a 
crime; of heroes born before their age, and dying unsung; of beauty born 
where its gift was fatal; of mercy born among wolves, and fighting for life; 
of statesmen born to find society not yet ripe for their labors to begin, and 
bidding the world adieu from the scaffold. 

"We all of us know what it is to feel that at times we are out of tune 
with the world, but ever and anon we strike a note and come back into 
temporary harmony; but there are those who are never in tune. They are 
not alone the weak; they are the strong and the weak; they are the am- 
bitious, and as well also the loving, the tender, the true, and the merciful. 

"The daughter of Shan-tag-a-lisk wanted to find somebody to love 
worth loving. Her soul bled to death. Like an epidendrum, she was feeding 
upon the air. 

"When wealth and civilization shall have brought to the Rocky Mountains 
the culture and population which in time shall come, the daughter of Shan- 
tag-a-lisk should not be forgetten. It may be said of her, in the words of 
Budha: 

" 'Amid the brambles and rubbish thrown over into the road, a lily may 
grow'." 

These flashlight views of the life Ware led during the years of the war 
and after will convey some faint notion of what it was in those days to be a 
frontier soldier for a nonmilitary country. It was his lot to experience, on 
the one hand, almost hourly contact with disease, death, violence, brutality, 
and utter barbarism, disloyalty, dishonesty and compound villainy. On 
the other hand, he saw Spartan courage, splendid devotion to duty and the 
most exalted patriotism. In these piping times of peace in our country we 
sometimes wonder if there is such a thing as unselfishness as between the 
country and its citizens, but to Ware and those who had his experience it 
became a matter of certainty that there was such a glorious thing as love of 
country superior to love of self. 

Mr. Ware's war experience greatly intensified his natural ingenuity. 
The soldier learns to make short cuts, to jump the fences, to blaze new trails, 
to resort to wholly unprecedented means to accomplish an end. This was 
Ware's characteristic as a lawyer. He was a fine lawyer, a wonderful lawyer, 
but a wholly unconventional lawyer. His methods in any given case were 
more apt to be unprecedented than otherwise. Lawyers prefer beaten tracks. 
The train of precedent is very alluring — particularly to judges. Ware was 
very likley in any case to think out a new way. There was danger inthis, 
because courts do not take kindly to novelty of theory and argument. Some- 
times Ware's new ways would not work, but they were never without strik- 
ing features which demanded the most respectful consideration. 

Mr. Ware was popular and he was not. Few men in the state were better 
known. Few were better liked. Few were more heartily disliked. The men 
who disliked Ware were those who felt the sting of his criticism directed 
either at them personally, or, as was usually the case, at some favorite idea 
or hobby or institution. No man who thinks with absolute independence 
and expresses his convictions with soldierly emphasis can be popular with 



40 



Kansas State Historical Society. 



everybody. Ware had bitter enemies, some of whom, most of whom, were 
greatly to his credit. But enemies with him were taken as of course and did 
not seriously arrest his attention. He laughed about them and at them 
and forgot them. 

Mr. Ware was what we are in the habit of calling a self-made man. We 
have seen what his schooling was. But yet he was an ardent believer in 
education as we ordinarily understand it. On one point, however, he was 
strikingly at variance with the too common practice of the day. He believed 
that the great object of the schools was, or should be, to train the observa- 
tion and the memory. He believed, therefore, in a simple curriculum which 
should be followed thoroughly and accurately instead of an elaborate curri- 
culum so voluminous and so scattered that only superficial work could be 
done. He believed a strong man or woman with a powerful memory and a 
disposition to read and listen and observe could go on accumulating a college 
education to the end of life. He was intensely fond of the study of words 
and their uses. His universal language is quite as likely to be accepted as 
the volapuk or any other similar device. 

Of the arts he was an ardent if not a profound student. Pictures and 
statuary were his constant delight, and of music his love was infinite. Of 
the famous pictures and sculptures of the world he always seemed to know 
something strange or curious or strikingly out of line with ordinary knowledge 
of such subjects. In music he wanted the very best, from Beethoven down. 
The music that appealed to him most was undoubtedly the compositions 
revealing and arousing the finer feelings and the deeper emotions rather than 
the compositions of mere technical complexity. 

Ware's humor was of every known variety — at least every known good 
variety. It bubbled up from the deep wells of his understanding. There 
can be no humor without understanding, for humor is a keen appreciation 
of the unusual, the illogical and the incongruous in any association of ideas. 
In the greater part of what he wrote and said the humorous strain was inter- 
woven. One instance: He had in a Topeka bank in 1893 twenty thousand 
dollars. The banks of the Middle West began to break. One after another 
closed its doors. Careful bankers began to surmise as to whom among their 
depositors, for one reason or another, might be expected to reduce their 
balances. The bankers having Mr. Ware's money decided that his money 
would likely be first to disappear. Next morning, sure enough, the top letter 
on the cashier's desk was from Ware. It read: "I see that the banks all over 
the country are closing their doors. You have twenty thousand dollars of 
my money. I want you to keep it. I make it a practice to deposit my 
money, but I never deposit my nerve." 

Every man is religious; there are no exceptions. There are vast differences 
in the degrees of religious feeling, and there are still greater degrees of dif- 
ference in the methods of religious expression — or expression of religious 
feeling. The form of expression depends largely on the temperament. It 
is impossible to think of the backward man of peace and the robust man of 
blood and iron holding exactly the same relation to any given religious 
opinion. A Cromwell may profess Christianity, but in shaping his conduct 
he will put his own construction on the teachings of the Master. So Ware 
could not subscribe to hundreds of popular dogmas, and he was skeptical 



Eugene Fitch Ware. 



41 



as to most of the theological schemes evolved by clever thinkers. But the 
great foundation truths of all religions were his. Here is one confession of 
his hope and his expectation: 

"The soul doth sometimes seem to be 

In sunshine which it can not see; 

At times the spirit seems to roam 
Beyond the land, above the foam, 
Back to some half-forgotten home. 

Perhaps — this immortality 

May be indeed reality." 

The time is at hand when there will be no Kansas pioneers of the first 
half century. In a little while all who care to know of our pioneer days 
will have recourse only to the books. In these books the name of Eugene 
Fitch Ware will be found so long as the books survive. In the long bright 
list of early activities his name will command the admiration and the envy 
of those who follow. 

All men covet immortality. They desire to remain. They recoil from 
the idea of eternal banishment from all they have loved and enjoyed — from 
their very selves. They cling to life and the things of life as if they were 
pledges of the life to come. And so men build for futurity — the days after 
death — striving to perpetuate themselves and their friends. They build 
that they may not be forgotten — that they may live and live on in the 
minds and hearts of the millions yet unborn. And this is well, for it is the 
best we can do. The printed page, the stately monument, the record of 
the painter's brush and the sculptor's chisel all come to our aid. And I am 
sure that to-night you will all join me in my feeling of great thankfulness 
that our beloved Society has become the owner of a splendid bronze bust 
of the friend to whose life and work we have devoted the evening. 

I have the nonor to present to the Kansas Historical Society, on behalf 
of the family of the late Eugene Fitch Ware, a bronze bust of Mr. Ware 
by the well-known sculptor, Robert P. Bringhurst. 



42 



Kansas State Historical Society. 



ACCEPTANCE ON BEHALF OF THE HISTORICAL 

SOCIETY. 

By William E. Connelley, Secretary. 

MR. GLEED: On behalf of the Kansas State Historical Society, I accept 
this magnificent figure in bronze. It gives me much pleasure to do 
so. It represents him who is of earth no more — who was one of a group of 
Kansans of whom few are left. They wrought mightily here, and a great 
state rose from the American Desert. They built it. They fashioned it. 
As they made it, so it stands to-day — so must it ever stand, with only 
such modifications as future development and changing conditions shall 
show to be wise. 

They are immortal. Monuments will be raised to commemorate their 
deeds. When wealth has accumulated and time for reflection has come — 
when private quarrels and foolish contentions shall sink into insignificance 
before the rising grandeur of imperishable names — then their stories shall 
be blazoned upon granite, marble and bronze, reared, chiseled, sculptured 
on rolling prairies and bold headlands o'erlooking Kansas Nyanzas. 

These illustrious Kansans wrought each into the Kansas temple of state 
his own individuality. The structure standing in the subdued sheen begot- 
ten of the Great Plains by translucent skies looms in immeasurable sym- 
metry. Critically examined it reveals the sturdy conservatism of Robinson, 
the daring leadership and constructive statesmanship of Lane, the mills of 
the gods grinding slowly but surely, vengeance, wrath, and eternal justice 
through the soul of John Brown. And the principles — stones and timbers 
of the temple — are bolted and bound, finished and burnished by that sapient 
capacity and inspiration of the Wilders and Plumbs, the Ingalls and Wares, 
working down into your days and mine. 

And of all these we come to-day to render some meed of commendation 
and justice to one of these builders— your friend and mine — a distinguished 
coworker here in the field so assiduously cultivated by this Society. You 
have spoken of his splendid personality. Another friend^— Mr. Cory — will 
tell us of his literary genius. Let me recount briefly some reminiscences 
springing from hours spent happily and profitably in companionship with 
him. In this I hope to emphasize traits and characteristics which made him 
the charming host, the fascinating guest, the agreeable associate, and the 
true and loyal friend. 

Mr. Ware spent many evenings in my home, and I spent many in his 
home. So far as I was able to observe, he never wasted time in meaningless 
conversation and drivelling tete-a-tete. He had something worth hearing 
to say all the time. Two of his books — and most valuable ones they are — 
resulted from his conversation at my fireside. I refer to the "Lyon Cam- 
paign" and "The Indian War of 1864." And strange enough, he told me 
the stories composing the last-named book long before he mentioned the 
incidents making the first one. Yet he published "The Lyon Campaign" 
first. The first of these stories I heard him tell was that entitled "You will 
never see Omaha," and which may be found beginning at page 440, "The 
Indian War of 1864." All the other stories of that book followed as we met 



Eugene Fitch Ware. 



43 



during the year. I say "stories." They were his experiences in a wild and 
stirring Indian campaign in the Platte valley under General Robert B. 
Mitchell. And but for my insistence they would never have been written, 
and this valuable contribution to the history of the Civil War would have 
been lost. On the 18th of March, 1911, he wrote me: 

"My book is all in print and Harris [proofreader for Crane & Co.], who 
has to read it anyhow, whether he wants to or not, says that it is a very in- 
teresting book. I hope it is, and if the world enjoys it they will have you to 
thank, for I never should have written the book unless you had cudgeled me 
for about five years doing it." 

It was his final work. The last line I ever had from him was a card 
dated at Cherokee, June 22, 1911. It said: 

" Dear Connelley: Please go to Crane & Co. and get one of my Indian 
books and have them charge it up to me. I also send my best regards. 

E. F. Ware." 

In his letter of the 18th of March is this paragraph: 

" When I get business off from my mind, which I will this spring and sum- 
mer, then I am going to take up, as I told you, "The Invasion of Arkansas." 

This "Invasion of Arkansas" was another series of war incidents from 
his long service in the army. They described the invasion of Arkansas from 
the north and the capture of Helena. It was an interesting and stirring 
campaign, and the reports and records tell very little about it. So it is now 
lost to us by his death. I have preserved some of the incidents which he told 
me of it, but nothing like all of them, for I had insisted that he write the 
book until he agreed to do so. It was on this campaign that he received the 
wound in his arm which never healed and which troubled him the remainder 
of his life. 

"The Lyon Campaign" was published in 1907. Every story in it was 
told by my fireside long before it was written. I drew the maps for the book 
and reviewed the manuscript before it went to press. I urged him to elimi- 
nate what it contained about John Brown, but there were times when he 
could not be moved. However, the last time he ever visited me he assured 
me that he regretted that he had not taken my advice, saying that I had 
been right and he had been wrong in the matter. He had gone back to his 
first convictions concerning the character of John Brown — those expressed 
in his immortal poem. He was then very anxious that the statue of John 
Brown should be placed in the Hall of Fame at Washington. 

I have preserved the conversation which caused Ware to quit the regular 
army and resign his commission as captain. He was on the staff of General 
Washington L. Elliott, then stationed at Fort Leavenworth. General Elliott 
was ordered to St. Louis for some consultation. Mrs. Elliott and Ware 
went along. From Kansas City they went on the Missouri Pacific railroad. 
The cars were small and dingy. They were lighted by candles in sockets 
having springs to push them up as they burned. There were also common 
lanterns; of these one was hung above the door at each end of the car. Mrs. 
Elliott and W T are sat in a seat opposite the general, who dozed while they 
talked. She told him to quit the army if he intended to marry; that the life 
of an army officer's wife was most miserable. No home could be established. 
It was almost impossible to endure the jealousies and bickerings of the wives 



44 



Kansas State Historical Society. 



of the officers at forts and stations. No man had any right to drag his wife 
into barrack life. And so on. Such an impression did the truthful portrayal 
by this gray-haired old lady of army life for women make on Ware that he 
soon gave up his commission. For he intended to have a home some day. 
He saw he would never have one if he remained in the army. 

How Ware came to settle in Kansas is a very interesting story. It re- 
sulted from his work on the Burlington (Iowa) Hawkeye. Here is what he 
says of the work: 

"I used to be a newspaper man. I was on the Burlington Hawkeye away 
back in '66-'67. That was my first job after leaving the army. I enlisted 
the day we got news of Fort Sumter, in the First Iowa regiment. I was just 
nineteen then. I belonged to a zouave drill company that was famous 
throughout the West for fancy drilling— all boys. Minute war broke out, 
nothing would do us but we must go. And such pulling and using of influ- 
ence! Every one was afraid he'd be left out on that first roll and that the 
war'd be over in sixty days and he wouldn't get to go. I was delighted when 
I was taken. Well, I served out that stretch, and then I did three years in 
the Fourth Iowa cavalry. And still the war wasn't over. I went out again 
as a volunteer cavalry officer, and after peace was declared with the South 
we were sent north to fight Sioux Indians. Then we were mustered out and 
I went back to Burlington — twenty-four years old and looking for a job. 

"I contributed an editorial or so to the Hawkeye, which then was edited 
by a Mr. Beardsley. After him came Frank Hatton, and then Bob Burdette, 
you know. But they were after my time. Mr. Beardsley liked my stuff 
and offered me $75 a month to go on the paper regularly, and after considera- 
tion I took him up. I liked the work too. Pretty soon I evolved an idea. 
Mr. Beardsley liked to make running comments on the telegrams we got; 
for instance, "How does this strike you?" New York, such a date, and then 
the story. I was given charge of the telegraphic news and wrote my other 
stuff beside. I used to show up at one p. m. and work till four a. m. After 
about seven or eight months I began to feel sick. I didn't know what I had. 
I went to Doctor Nassau — he'd been surgeon of the Ninth Iowa — and told 
him I wanted access to his medical library. Then I began to read up. I 
found I had a fearful complication — heart trouble, consumption, liver com- 
plaint, sciatica, diabetes and incipient paraplegia. I was alarmed. I went 
to the doctor and asked advice. He took note of my symtoms and told me 
I was simply over-worked. He said all there was about it — I must leave the 
paper or collapse. He said, 'get in the open air.' I came to Kansas. Been 
here ever since, lawing. But that's how I started in the newspaper business." 

Ware had seen much of southeastern Kansas during his service in the 
army. He believed it one of the best sections to be found anywhere for 
raising cattle. An old gentleman named Campbell, of Burlington, had 
noticed the unusual ability and good judgment of Ware. He had almost 
twenty thousand dollars in the bank, and wished to go to southwest Mis- 
souri to engage in the cattle business. He proposed that Ware take the 
management of the business, the firm to be composed of his two sons (then 
grown) and Ware. The twenty thousand dollars was to be invested in cattle, 
and each was to be a partner with a one-fourth interest. The boys and 
Ware were to do the work and furnish the salt for the cattle. They were to 
cut the hay for winter feed. 

A wagon and outfit for camping were furnished by Campbell, also a team 
of horses. The baggage was loaded onto the wagon, that of Ware consisting 
of a trunk filled with clothing, etc. Ware rode his own horse, a good one. 
The road lay southwest through Missouri. When they had traveled a day 
or two people began to be inquisitive and meddlesome. Bushwackers — men 



Eugene Fitch Ware. 



45 



who had fought the Union from the brush, stealing, murdering citizens — 
these gathered about the evening camp fire of the party from loyal Iowa and 
blustered and threatened. The matter became intensified as they advanced 
further into the state. Bearded Missourians would stand about the camp 
fire and point their guns at the members of the party and say, "O, how easy 
I could kill the Yanks," but would not fire. Ware at such moments kept his 
heavy revolver cocked with the handle in his hand, sure that he could draw 
and kill his antagonist before he would fire. But the others were not so con- 
fident, not having been in the army. After some days there was a rumor 
that grasshoppers had eaten all the grass in southwestern Missouri, and 
there were grasshoppers in Missouri and Kansas in 1867. The day after the 
party heard this intelligence they drove forward as usual. For some time 
not a word was spoken. The elder Campbell had threatened to turn back 
several times. Coming this morning to a point where the road forked, one 
going on south and two going to the north, he directed his son who was driv- 
ing to turn into the northern road east of the one they had come down, and 
said he had fully made up his mind to return to Iowa — that he was afraid to 
go on. Ware persuaded and protested against such action, but to no purpose. 
When he found the party bent on return he told them to put out his baggage. 
Says he: "I will not turn back. I have started to Kansas and intend to go 
there; and I will get to the front there." 

They dumped out his trunk and drove back to Iowa. Ware watched 
them out of sight. Then a man drove up with a team hitched to a wagon 
without a bed. Ware requested him to take his trunk to the next house, 
where he was received with none too warm a welcome. He had a considerable 
sum of money with him, but looked about for work — something useful to do. 
Some one had made brick and built them into a kiln ready to burn. Ware 
had a chum in his boyhood days whose father made brick, and many an 
evening had he spent there watching the men poke the fire and cast in the 
cordwood. He believed he could burn a kiln of brick from this experience, 
so applied for the job of burning, which he obtained, to begin "next Monday 
morning." 

But before "next Monday morning" came he saw one day a train of 
emigrants descend a low hill in that country. Three men were walking in 
front of the teams — some half a mile in advance. As they passed the house 
where Ware was he gave the hailing sign of the Grand Army of the Republic, 
which was immediately answered by one of the three. 

The Grand Army has had two organizations. The purpose of the first was 
to crush the South should she attempt an uprising after the war. It was or- 
ganized in the days of uncertainty and anxiety of the early part of Johnson's 
administration. The ritual was impressive, and members were initiated 
with cocked guns presented at their breasts, and sworn to go to the assistance 
of their country under penalty of death. When this danger of a new south- 
ern uprising had passed the Grand Army fell to pieces, but was later organ- 
ized with an entirely different purpose — that of preserving the memory of 
the glorious deeds of the comrades who fell, and perpetuating patriotic 
sentiment. 

The ties of bro.herhood were naturally stronger in the first and fiercer 
organization. Ware wai asked as to his regiment and service. When he had 
given satisfactory responses he inquired the names of the men and the des- 



46 Kansas State Historical Society, 



tination of the party. One was Captain Warren of Burdge's regiment of 
sharpshooters — and Ware had known the regiment well. It was soon agreed 
that he should go on with the party. One of the horses was about exhausted, 
and Ware's was put in to take its place. In this manner the party pro- 
ceeded on the journey to the south. 

While the party did not doubt what Ware said in giving an account of 
himself and explaining how he came to be where he was found, still he needed 
some incident to make the party enthusiastically warm up to him. He had 
a sister, a bright girl, always well informed, a great reader, and he had told 
her what towns to direct her letters to him, that he might get them on his 
iourney. Coming to one of these towns he found a letter, and in it were 
many clippings from Iowa papers expressing regret at his leaving the state. 
One was from the Des Moines Register, giving him particularly warm praise, 
and condemning the Hawkeye for allowing him to leave the state. He glanced 
over these clippings and handed them to Captain Warren, who read them 
and passed them to his companions. This made him a hero, and the party 
were confirmed in their good opinion of him, and this friendship existed 
until years after, when one by one the party drifted away and dropped out 
of sight. The party stopped in that part of Kansas about Cherokee, where 
they ettled and made homes. 

How he homesteaded the land upon which his son now lives is most in- 
teresting, but this paper is too long already to permit my telling it here. But 
I will set down how he came into the practice of the law: 

His life in the open in outhern Kansas restored his health, and with his 
health returned his cheerful, hopeful, sanguine, aggressive disposition. He 
was intensely practical. He made friends — many friends. And here is 
where he first took up the law. He was recognized by his neighbors as far 
above the ordinary man in ability. His army work (as adju ant) had made 
him ystematic and methodical, and he was a fine clerk. In the petty law- 
suits of the neighborhood he often took part at the solicitation of some friend 
who needed a lawyer. He bought a Kansas S atutes (edition of 1868) and 
read it carefully by the window in his cabin. He was soon too much for any 
lawyer in th 1 country. Finally he got a hard case. He sued a man for a 
client for thirty dollars — value of some corn. The defendant said he did 
not owe anything, as the plaintiff had thrashed him in a fight they had had, 
and had injured him to the amount of fifty dollars. Ware thought this offset 
was not just as it should be. He did not think such damages a legal offset. 
But he knew little law and was at a loss as to the proper course. Finally he 
went to Fort Scott and laid his case before a lawyer there. The lawyer 
agreed with him that such damage could not serve as an offset to plaintiff's 
claim. "Have you any lawbook which says so in so many words?" says 
Ware. "I must see the law." "Yes I have," said the lawyer, taking down 
" Walker's American Law." " Here it is," turning to the proper place. " How 
much is this book worth," asked Ware. "Six dollars," said the lawyer. 
"Here is your money," said Ware. He won his lawsuit. 

Ware read the book very carefully. He would examine himself daily, 
using the index as a list of questions. He would take the first subject in the 
index and see what he could state of the subject referred to. If he had not 
as clear a conception as he supposed he needed of any subject, he turned 
back and read the article carefully, then went on with his self-examination. 



Eugene Fitch Ware. 



47 



In this way he learned all the book contained. Then he borrowed "Kent's 
Commentaries" and read them carefully. He was all this time "wolloping" 
every lawyer who came into his neighborhood. He finally thought of apply- 
ing for admission to the bar at Fort Scott. It was necessary for him to have 
been reading in the office of a lawyer two years or have a diploma from a 
law school. He had, in fact, neither qualification, but he had a fair knowledge 
of law and an immense fund of experience and good, hard common sense. 
The lawyer of whom he had borrowed books arranged for the appointment 
of a committee of examination, which spent a whole afternoon questioning 
Mm. The report was favorable and he was admitted to the bar. 

But now came on the Greeley campaign. Mr. Greeley was a man whom 
Ware admired. He believed he should be elected. He edited the Fort Scott 
Monitor in Greeley's interest. He did more. He had made some money 
farming — $1400 one year. By the way, he had moved from his first claim 
where he built his cabin. He sought a fine section of land and built a house 
in the center — of four rooms — a room on each quarter section. He claimed 
one quarter for himself, one for his father, and one each for his two brothers. 
He had some trouble to hold them all, but he finally did it, and owns the 
whole section to-day. But to return to the campaign. Ware never did any- 
thing in a half-hearted way; he did anything he went at with his whole soul 
and all his force and energy. He believed Greeley should win — believed, 
too, that he ought to win. He bet his money on Greeley's success, and lost — 
lost almost all he had. 

He then went into the office of McKeighan & Co., lawyers, at a salary; 
but he was somewhat downcast, and the future looked gloomy. He had 
some offers to enter newspaper work permanently. He liked the work, and 
was almost persuaded to accept a place on a paper. Still he was not sure he 
ought to give up the law. While in this uncertain frame of mind, Prof. O. C. 
Fowler, the great phrenologist, came to Fort Scott. One day McKeighan 
said: "Ware, did you ever have your head examined by a phrenologist? I 
have just come from Professor Fowler. You ought to go over and have him 
examine your head." 

Ware did not take much stock in what he said, but McKeighan insisted. 
The fee was five dollars. Ware had about eighty-five dollars. Finally he 
determined to visit the phrenologist, but that he would be very discreet. 
He marched in, did not speak, put five dollars on the table, drew his coat 
close about him and pointed to his head, without saying a word. Fowler 
understood him, and began the examination by a careful feeling of all the 
bumps on his head and studying the shape of the skull. The first thing he 
said was: "Young man, if you have not already commenced the study and 
practice of law, you should begin at once." 

That was enough. He opened an office. It was well along in the month 
f February), and before the end of the month he had taken in fifty dollars. 
He advanced steadily, and has made his way to a high place in the profes- 
sion in the state. 

Among his first cases was a foreclosure of mortgage for an eastern client. 
About three thousand dollars was turned over to him on the day of the sale. 
This he would be required to retain until the case was finally settled and the 
costs paid. He had never had a bank account. With the three thousand 
dollars in his pocket he started to his office. On the way he passed a bank 
wkich was operated by Wiley Britton, who later wrote a splendid book en- 



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Kansas State Historical Society. 



titled "The Civil War on the Border," and who lives now in Kansas City, 
Kan. Ware had known Britton in the army. It occured to him that he had 
better put his money in the bank until he should need to remit it. So he 
went into the bank. He noticed that all the bank force had congregated 
away back by the rear door and were in earnest conversation. But Britton 
and his associates came forward and greeted him warmly. He deposited the 
money and said he should have to send it away in about three weeks. The 
bank began to send him business, and he was well pleased with this new 
connection. He sent the money to his client through the bank when the 
matter was finally closed up. 

In about six months the bank failed. Ware congratulated himself upon 
not being caught, and one day spoke to Britton about his good luck. 

Britton replied to him: 

"Ware, do you remember that we were all back at the rear door when 
you came in to make that deposit of three thousand dollars?" 
"Yes," replied Ware, "I remember that very well." 

"Well," said Britton, "we were back there consulting as to whether we 
should try to remain open the remaining hour untill closing time, then close 
and never open again, or go out and close the door and announce our failure 
at that moment. You came along with your three thousand dollars and 
saved us. We ran six months after that new lease of life." 

"Well, I'll be d d, " said Ware. And he walked off in a cold sweat 

and weak as a cat. 

Here is another incident. I copy it verbatim from my diary: 

"June 11, 1901. I went to the home of E. F. Ware to get the manuscript 
of 'The Founding of Harman's Station.' While there a rain came on and 
Mr. Ware and I sat on the porch and had a pleasant hour. He related an 
incident as follows: 

"In 1893 it was dry; no rain came until late in June, that is, none of 
consequence. One day a heavy rain began falling. I wanted to express my 
excessive satisfaction, and so telegraphed the official state chemist at the 
University, Lawrence, as follows: 'Strange substance falling from the sky.' 
This was a joke, or intended as such by me. But the chemist failed to see 
the humorous side of it; perhaps it was not raining at Lawrence. He wired 
me: 'Will take first train to Topeka.' By jingo, it was now losing its hum- 
orous side to me, too. I rushed down and sent this telegram: 'Investigation 
reveals the fact that the strange substance is water.' But in a few minutes 
the telegraph company reported the telegram could not be delivered as the 
chemist had taken the train for Topeka a few minutes before its reception. 
Now I was in a pickle. The chemist was an intimate friend, but slow to see 
a joke. I took refuge in flight. I sent my stenographer to the station to 
meet the chemist and inform him that I had been suddenly called from the 
city on important business, and I was always afraid to inquire the full extent 
of his wrath and indignation. Although formerly intimate friends, we are 
now upon only very formal civilities. We have often met since the strange 
substance fell, but neither of us ever referred to the incident in the presence 
of the other. It is funny to me yet, but I presume it never was funny to the 
chemist." 

One day as we rode about Washington, Mr. Ware told me about his trip 
to Boston. He went there to attend some gathering of celebrities, but whom 



Eugene Fitch Ware. 



49 



or what they were doing I have forgotten. The exercises terminated in a 
ride in automobiles from Boston to Concord and return. There were nearly 
a hundred cars. Mr. Ware was in the last car to start. 

Though the last to leave, he did not lag behind. His driver made a most 
amazing run. He missed speeding street cars by inches. He headed off 
vans and heavily loaded trucks. He wound and wriggled through the line 
of cars which had gone out first until he headed the procession. Mr. Ware 
and his fellow-riders often held their breath until difficult turns and twists 
were made. But they arrived at Concord safe and sound, and several min- 
utes ahead of the procession. 

There are many interesting things to be seen at Concord. Ware found 
these. He lingered at Emerson's grave a long time. When his car came 
around to the old tavern it was again at the rear. And again did the driver 
begin his hair-raising and thrilling tactics; for the car was soon ahead and 
the others distanced. It crashed up to the hotel curb, almost upsetting a 
cab, but no damage was done. As he left the car Mr. Ware complimented 
the driver. Slipping a dollar tip into his hand, he said to him: 

"Young man, you are certainly a splendid driver. Sometimes I thought 
you were up against catastrophies, but you managed to get out." 

"Yes," replied the driver, "I do pretty well for the experience I have had. 
I never saw an automobile until last Thursday." 

"By George, Connelley," Mr. Ware said, "we had been riding on a vol- 
cano all the way to Concord and back and supposed we had the most expert 
driver in New England. And maybe we did have, but I walked weak in the 
knees every time I thought of that ride the remainder of the summer." 

My most happy recollections of Mr. Ware are of those hours when we 
could talk without interruption. When we were in the Pension Bureau he 
would send a note to my division every day when he had time to ride after 
the day's work. These notes were always sent by Jackson, his doorkeeper — 
a colored man and a character. Some of these notes I preserved. The one 
received on July 4, 1902, is as follows: 

"Mr. Connelley: Can you call at 4 p. m. — office? Ware." 

The government furnished him a carriage and driver. That summer we 
drove almost every day after work. It was during these drives that he told 
me so much of his life, though he had recounted his war experiences before 
this, in Topeka. Our drives usually ended at some famous eating-place, 
where he had dinner. Sometimes it was at Harvey's, often at the Raleigh 
Hotel, where he lived, and sometimes at Fritz Reuter's, at the corner of 
Four-and-a-half street and Pennsylvania avenue. At the latter place he 
would order for us what he termed a "Dutch lunch for two," the principal 
dishes of which were Frankfurters, sauer kraut and steins of beer, all im- 
ported, and of the first quality. The cookery and service there were fine. 
After I left Washington his letters to me often had a closing sentence in 
reference to these lunches. 

Sometimes we went down the Potomac by steamer, returning at mid- 
night, and these were delightful rides, especially if it were moonlight. He 
was familiar with the local history of everything. Where or when he had 
learned it he hardly knew himself, but he rarely forgot anything. 

Next to these hours with Mr. Ware I delighted to receive his letters. 
They were brilliant, sparkling, full of apt humor and unexpected applications 



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Kansas State Historical Society. 



that struck the spot. This was so even when he wrote in a serious vein or 
wished to make an important announcement. An example of this is his 
verse to Roosevelt when starting on a vacation, and which ran: 

"I take this piece of plumbago 
To tell you I have the lumbago. 
I shall hie me away 
For a week and a day, 
For I feel like a very bum Dago." 

On May 6, 1905, he wrote me the following: 

"My dear Connelley: Just got a good, nice letter from Dr. Feathers- 
tonhaugh. He writes me about things in the Bureau and he inquires about 
you. He recalls some very pleasant trips we had, and really I think he was 
one of the best men I»met in Washington — lie and John Hay. 

"By the way, I have just returned from southern Kansas, where I have 
been on business. I stopped over in Peru. Everything there has gone to 
pieces — dead in the shell — all knocked out. There I saw the first crude 
petroleum that I ever had seen direct from the well. They were bailing out 
a well and had about a barrel of it. I got a stick and paddled around in it. 
When I got out of the cars a man told me about the wonderful number of 
things which are made of it. Among others one man told me that they were 
making saccharin out of it — a substance five hundred times as condensed as 
sugar. All these things are very wonderful. If they are going to make every 
thing out of petroleum it must indicate that petroleum is a solution of every- 
thing and is a sort of an essence of everything. I guess that we will have to 
suppose that petroleum oil is the blood of this great big earth that we are 
living on, and that this blood circulates around in veins and contains a solu- 
tion of all that is necessary for the support of animal, vegetable and mineral 
life. I say mineral because I have come to the conclusion that crystals have 
got intelligence as well as trees and dogs and horses and men. We skirmish 
around on the surface of mother earth and you people down there are engaged 
like a lot of mosquitoes in going down and trying to get blood. If that is the 
correct theory, John D. Rockefeller is the worst gallinipper in the swarm; 
a vein of anthracite coal is nothing but a lot of dried blood, and the poor 
little earth is nothing but a nomad swimming around in space like motes in a 
sunbeam, and we are the worst lot of parasites in the business. Outside of 
the foregoing philosophy I am entirely rational, and would like to have you 
up here to-day to visit with Web Wilder, who is here from Hiawatha with 
his friend Mr. Aten. Come up here as soon as you can and we will figure 
this whole business out. Yours truly, E. F. Ware." 

From Denver he wrote me September 14, 1909, a charmingjletter, from 
which I take the following: 

" . I'm also begrudging the time I am staying on the earth. 

You and I are just wasting our time staying here. The old earth is only a 
penal colony, a sort of a county jail for the universe. You and I have been 
sentenced to hard labor and have been honestly working it out. We must 
have been pretty bad to have had such long terms imposed. When we get 
out we will change our names and begin over again. Hence I say we are 
wasting our time staying here; but, then, as there is plenty of time left, we 
won't miss it much, in the long run. As I am nearly 70 and my hair is dead 
white, I have a way when I go into a car, a meeting, or a restaurant, of look- 
ing around and seeing if I am not the oldest man present, and I generally 
am — men of my age are few, and most of them are not able to leave home 
or travel around, so I seldom meet "my kind of fellows." I am quite thank- 
ful that I possess power of thought and locomotion, and can enjoy the society 
of my fellow convicts and write them letters, to you especially, although I 
prefer talking to you in preference to writing." 



Eugene Fitch Ware. 51 

Once he sent me a poem which I set out here. I am sure it was never 
published: 

"My dear Connelley: Napoleon said that the world was ruled by 'senti- 
ment.'. I believe it is so. The following is my view upon that^question: 

" 'Sentiment. 
" 'Little Benny lost a penny; 
It was all he had. 
Sister Jenny said to Benny; 
"Do not feel so bad." 

"'One ain't many," then said Benny, 
"But it's all I got." 
"Busted Benny," then said Jenny; 
Benny said, "That's what." 

"'Benny then described the penny — 
Flat and round and hard. 
Sister Jenny found a penny 
Rolling round the yard. 

" 'Unto Benny then said Jenny, 
"Is this thing your cent?" 
"Yes," said Benny, "that's my penny; 
"That's the cent-I-ment." ' 

Yours very truly, E. F. Ware." 

Here is a delightful letter I received from him only a few months before 
his death: 

April 10, 1911. 

"My dear Connelley: I was down on the farm when I received your 
letter. As I told you before, I have built a library building down there, with 
a large fireplace. I have a good large law library and a good large private 
library there. I have a lot of law books there that I do not particularly want, 
but they have been my friends and have stayed with me many years, and I 
am using the building as a sort of hospital or morgue for those old books. 
Occasionally a friend has dropped in to see them, and when one comes I 
make a fire in the fireplace and burn a law book. When I got your very 
interesting letter I assumed you to be present, at least in spirit, and made a 
fire for you, invoked your presence and burned a law book. The grave in- 
cense rose like myrrh. It was 'Dassler's Kansas Digest' that I offered up 
as an invocation to your memory. 

"Some of these days I shall expect to have you down there, and then I 
will burn 'Clemens on Corporate Security.' You remember our old friend 
Clem — a sociable Socialist. Some of these days I will be up to see you; 
until then good-bye. Yourg yery sincerely> Ware 

The best tribute produced by his death was written by my old time 
friend, Hubert M. Skinner, of Chicago. I close this paper with it: 

"Ironquill. 
"The hand of death is laid on Ironquill, 
And myriads are sad on either shore, 
To whom, as seasons pass, shall float no more, 
With freshness of the meadow and the hill, 
The music of his measures. Yet we still 
Shall count him as among us, as of yore, 
And echo back his laughter, and encore 
His ringing words of faith and hope and will; 
His 'Washerwoman's Song' shall cheer the heart, 
Of the sad toiler, and his 'Violet Star' 
Shall lure the dreamer; while the fruitful plains 
Of old Quivera shall preserve his art. 
And 'Both Nyanzas' crown his fame afar, 
And Europe, many voiced, take up his strains." 



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Kansas State Historical Society. 



EUGENE FITCH WARE AS A LITERARY MAN. 

Address by Charles Estabrook Cory, read before the thirty-ninth annual meeting of the 
Kansas State Historical Society, October 20, 1914. 

Mr. President, Ladies and Gentlemen of the Kansas Historical Society: 

I AM asked to deliver an address on Eugene Fitch Ware. I can not speak 
in this presence about Ware as a Soldier, or Ware as a Lawyer, or Ware 
as a Man. I knew him too well for that. The warning example of "Bos- 
well's Life of Samuel Johnson," and "Meneval's Memoirs of Napoleon," 
fresh in memory, forbid that I should attempt it. No hero worshiper must 
attempt to paint his hero. But I will talk to you a few minutes about him 
as a Literary Man. 




c. E. CORY. 



Considering its youth, Kansas is remarkably rich in literary genius. Think 
of Richard Realf, and Ellen P. Allerton, and John J. Ingalls, and Albert D. 
Richardson, and Albert Bigelow Paine, and Noble Prentis, and Daniel 
Webster Wilder, and Captain Joseph G. Waters, and Esther M. Clark, and 
Richard Hinton, and William Allen White, and Margaret Hill McCarter, 
and E. W. Howe. All in a half century. 

Considering its age, Kansas easily outstrips all other states in the wealth 
of its literary products. The old, settled and sedate East could easily pro- 



Eugene Fitch Ware. 



53 



duce Thoreau, and Hawthorne, and Poe, and Longfellow, and Lanier, and 
Bryant, and Prescott, and Saxe, and Lowell, and Irving, and Emerson. 

But here in Kansas was a raw community, fresh in the making. Every 
one busy in home building. Every one poor. Every one struggling for a 
start. 

Those old states had the advantage of generations of training and leisure 
and scholarship. They had the wealth of the Old World literary influence. 
They had brought with them the influence and the inspiration of Oxford, 
and Cambridge, and Edinburgh, and Dublin, and Heidelberg. Kansas had 
no such advantages. Ware had not. His genius was born of the Kansas 
spirit. It was virile. It was fresh. It was strong. It had the perfume 
of the prairies upon it. 

There is an aphorism, which has been used so often that it is worn and 
hackneyed — "Poets are born, not made. " That saying is old and trite; 
but no wise saying ever contained more concentrated truth in so few words. 
Real poetic genius may be helped by learning, as it is in some cases. It has 
been injured by learning— but it surely is never created by it. 

Can you imagine the "Cotter's Saturday Night" being written by a 
college professor? 

It is a matter of record, and not of legend, that when Robert Burns sub- 
mitted his "Bruce's Address to His Army" to the learned men of Edinburgh 
they revised it for him and changed the meter — learnedly revised it. The 
rough young farmer rejected their work, and published it as he wrote it. 
Had he allowed the scholars to eviscerate it, Thomas Carlyle, Burn's master- 
ful and not partial critic, never could have been able to refer to it as "this 
war-ode" that "should be sung with the throat of the whirlwind." 

But there is something in the genius of poetry that makes it revolt at the 
meddling of enervating learning. For instance, a man whose mind was 
clogged with a knowledge of dactyls, and trochees, and spondees, and penta- 
meters, never could have written the songs of Ophelia in Hamlet — the 
daintiest, sweetest songs that Shakespeare ever wrote. He would have 
made them proper, but he would have left out the real music, the poetry. 

The young struggling farmer student who, at eighteen, wrote "Thana- 
topsis," was discovered by the scholars afterward. He then became famous. 
He then became popular and did splendid service for his country as a diplo- 
mat. He did many worthy works. He wrote other poems which must live. 
But a century from now all his later, classical, good work will be forgotten. 
The world will remember him only by that immortal poem, written while 
he was not yet handicapped by the conventionalities of verse making. 

When his splendid services as a public servant in his home country and 
in foreign lands shall be forgotten, when his later, much more polished verse 
shall be faded, then, at that long future time, the name of William Cullen 
Bryant will suggest " Thanatopsis, " and no more. 

The distinction between a scholar and an educated man is not a broad 
one, but well defined. Ware was not a scholar. Just at the time when boys 
of wealthy parents, as he was, are getting well started in school work, his 
father, a splendid old Puritan, and a very wealthy man for those days, was 
caught in the business crash just preceding the Civil War and reduced to 
comparative indigence. Young Ware's school life suddenly stopped. His 
five years in the army was an education in itself, but not of the scholarly 



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Kansas State Historical Society. 



kind. He worked on a farm. He hauled coal with an ox team. He learned 
the harness maker's trade. In his busiest years as a lawyer I have seen him 
leave the office, and a few minutes after have seen him crowd Jim Cuthbert- 
son off his "horse" in the harness shop, just across the areaway, and stitch 
a tug, "to rest up," as he said it. 

He saw a short service as editor of the Old Fort Scott Monitor. 

His voracious reading and his tireless energy enabled him later on to 
read Heroditus and Caesar in the original; but a demand for the declension 
of a Greek noun or the conjugation of a Latin verb would have stunned him. 
Indeed it is not at all certain but that the same thing might be said about 
his technical knowledge of English grammar. His masterful use of words 
and language was acquired as the boys in Dickens' picture of Dotheboys Hall 
studied botany: 

"When he has learned that bottinney means a knowledge of plants," 
said Mr. Squeers, "he goes and knows 'em. That's our system, Nickleby; 
what do you think of it?" 

Like Nicholas Nickleby, Ware found out surely that the system was a 
very useful one, at any rate. 

When he wrote this stanza in his "Washerwoman's Song," he was not 
using his imagination. He had actually seen the humble cot and the baby, 
and the "scissors stuck in spools." They caught his quick, human sym- 
pathy: 

"I have seen her rub and scrub, 
On the washboard in the tub. 

While the baby, sopped in suds, 

Rolled and tumbled in the duds; 
Or was paddling in the pools, 
With old scissors stuck in spools; 

She still humming of her friend 

Who would keep her to the end." 

When he wrote about the "twelve one-gallows men" who made up the 
jury in his "Hie Jones," or when he said: 

"And the shingle nail was bust, 
Where the juror's jeans were trussed." 

He was not depending on his imagination or his reading. He knew those 
"twelve one-gallows men," every one of them. He had tried lawsuits before 
them. He had eaten with them, and slept in their cabins. He needed only 
fancy and recollection to mention the shingle nail; for he had himself used 
that very excellent substitute for a suspender button many a time. 

When he spoke of " . . . 'boots and saddles' sounding in the mid- 
night chill" he had no need for depending on campnre talk or reading, for 
he had heard and rushingly obyed that stirring cavalry call himself. 

The learned D. W. Wilder gave it as his judgment that as a collection of 
apt fancies, daintily handled, this little verse which our poet called "Type" 
has never been equaled by any one, anywhere: 

"All night the sky was draped in darkness thick; 
From rumbling clouds imprisoned lightnings swept; 

Into the printer's stick, 

With energetic click, 
The ranks of type into battalions crept, 
Which formed brigades while dreaming labor slept; 
And ere dawn's crimson pennons were unfurled, 
The night-formed columns charged the waking world." 



Eugene Fitch Ware. 55 

Observe the quick succession of imagery — the "draped in darkness," 
the "imprisoned lightnings," the "energetic click," the "ranks of type," 
the "charged the waking world." Notice the easy skill with which he 
handles them, even as a trained swordsman handles his familiar blade. Ware 
had seen and heard and been a part of all of them; but only the real artist — 
the poet — could have picked them up and set them to music. 

It is not every one — it is not any one — who can imitate Shakespeare, and 
touch every spot in the field of human passions, impulses, thoughts, feelings, 
hopes. No one ever has, and no one ever can, cover the whole ground of 
human thoughts, hopes, wishes, imagination and fancy as he did. All 
verse writers, except Shakespeare, the master, had their own personal 
fields. Every other one has his one or two strong points. 

In spite of the attention that has been paid to Ware's pathos, as in "The 
Washerwoman's Song; " and his fancy, as in the " Violet Star, " and " Princess 
Karmyl;" and his jollity, as in "The Admission of Hie Jones to the Paint 
Creek Bar"; and his philosophy, as in his "Fables"; he was more of an 
artist when he touched things connected with soldiers and war than any- 
where else. 

Different artists, whether with brush o: with words, will handle the same 
subject in a different way. 

For instance, with Milton, in war and soldier life, there were "horrid 
battalions" and "serried ranks"; with Byron it was "battle's magnificently 
stern array." That is, these writers saw and pictured the coarser, rougher, 
crueler side of soldier life. Other artists have pictured the other side — the 
gay, flaunting "Soldiers Three" or "Three Musketeers" side of it. With 
Macaulay, for instance, war was a sort of picnic jaunt. Here is a good 
example: 

"Press where you see my white plume shine amidst the ranks of war, 
And be your oriflamme to-day the helmet of Navarre." 

But Ware caught the plain, human side of it. 

Now, Ware was a soldier as well as a poet. He had to be coaxed, almost 
forced, to talk about his army experience, although his record as a soldier 
would be something for any man or any man's family to be boastful about. 
Under the law he was entitled to a pension from the day he left the army, 
but he never applied for it until he could sign his own certificate as United 
States Commissioner of Pensions — and then he assigned it to a struggling girl 
student, who needed it more than he did. 

With a man of his mental make-up, the odd, grotesque and unusual thing 
could not escape his notice. Did you ever observe that when he touches 
anything in his writings connected with the army or with war there is an 
element of deep feeling, mixed with a galloping recklessness and forceful 
abandon in his way of handling it? His use of descriptive epithets drawn 
from military sources is well-nigh perfect. He handled them easily and 
aptly as one familiar with them. 

For instance, what could be finer than his apostrophe to his beloved 
"Sunset Marmaton, " with the military fancy well used? 



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Kansas State Historical Society. 



"O Marmaton! Marmaton! 

Be patient, for the day will come 
And bring the bugle and the drum. 
Thy fame shall like thy ripples run; 
Thou shalt be storied yet. 
Within this great 
And central state, 
The destiny of some proud day 
Upon thy banks is set. 

"Artillery will sweep away 
The orchard and the prairie home, 

And while the wheat stacks redly burn, 
Armies of infantry will charge 
The lines of works along thy marge, 

While cavalry brigades will churn 
Thy frightened waters into foam." 

Some years ago there was sitting by my fireside an old army captain 
who had taken many a furious ride with the smell of burning saltpeter in his 
nose. He had earned his straps in service in eastern Virginia in the early 
sixties. He knew something about war. Some way, in our talk, Ware's 
''Organ Grinder" was mentioned. I read it aloud. At the concluding 
passage the Old man sprang up and said "My God, Cory! There is one 
sound that nobody has ever had sense enough to speak about before — 
the rattle of the canteen. It is like the sound of the rattlesnake. When you 
hear it once you never can forget it. Nobody else ever mentioned that rattle 
of the canteen in a battle charge before." 

In line with the captain's comment, notice the vigor and the vividness and 
force of this rapid-fire passage in the "Organ Grinder": 

"Some sneer thy ragged music, because to them there comes 
No bawling of the bugles, no raving of the drums. 
They hear no 'boots and saddles' sounding in the midnight chill; 
They hear no angry cannon thunder up the rocky hill; 
They hear no canteens rattle; they see no muskets shine, 
As ranks sweep by in double quick to brace the skirmish line." 

What can you imagine, in all your reading, daintier and at the same 
time stronger than his description of the conquest of the wild prairie by the 
sturdy Kansas pioneer farmer, in his "Quivera"? Notice the imagery bor- 
rowed from his soldier experience: 

"Sturdy are the Saxon faces, 

As they move along the line; 
Bright the rolling cutters shine, 
Charging up the state's incline, 
As an army storms a glacis." 

Who ever read anything more inspiring, concerning patriotism or war, 
than these lines in his " Neutralia "? 

"There is something in a flag, and a little burnished eagle, 
That is more than emblematic — it is glorious, it's regal, 
You may never live to feel it, you may never be in danger, 
You may never visit foreign lands and play the role of stranger; 
You may never in the army check the march of an invader, 
You may never on the ocean cheer the swarthy cannonader; 
But if these should happen to you, then, when age is on you pressing, 
And your great big, booby boy comes to ask your final blessing, 



Eugene Fitch Ware. 



57 



You will tell him: Son of mine, be your station proud or frugal, 
When your country calls her children, and you hear the blare of bugle, 
Don't you stop to think of Kansas, or the quota of your county, 
Don't you go to asking questions, don't you stop for pay or bounty, 
But you volunteer at once; and you go where orders take you, 
And obey them to the letter if they make you or they break you; 
Hunt that flag, and then stay with it, be you wealthy or plebian; 
Let the women sing the dirges, scrape the lint, and chant the psean. 

If that flag goes down to ruin, time will then, without a warning, 
Turn the dial back to midnight, and the world must wail till morning." 

This language may be faulty so far as mere rhetoric is concerned; but 
what scholar could amend it, and improve it? 

A well-near universal conception of the ways of thought and the ways 
of working of a poet is an erroneous one. The common conception is that 
a literary person, or a poet — they are really the same — is a dreamer — a man 
or woman with "The eye in fine frenzy rolling," absent-mindedness, pur- 
poseless fancies, odd conceits, long hair. 

The opposite is the fact. Any one who writes or says things worth saying 
or writing must be strong. He must be vigorous. He must have ideas all 
his own. He must have the force to announce them without caring whether 
they meet with favor or not. All mankind despises a weakling. 

Leave our reading of the past out of the estimate, though it teaches the 
same thing. Forget the people who have lived whose work we like to re- 
member. Every one of them spoke or wrote or sang in disregard of the 
popular favor. Those whose records live and are fit to live, every one of 
them was strong. 

Forgetting them, think of the men and women here in Kansas who have 
said and done things worth remembering — those close enough to us so that 
we can speak with knowledge. You can not find one of them who was not or 
is not now a worker — what we call a hustler. The group of bright people 
who are now contributing to the honor of Kansas in a literary way are, every 
one of them, busy, working people. 

To be specific, but mentioning only those who are gone — Hinton, Phillips, 
Realf, Prentis, Ingalls Allerton, Wilder — where can you find a little list 
of people who have added more luster to a young state in so short a time? 
Where can you find a list of harder, businesslike workers? 

To do anything in literature a man must have iron in the blood. Ware was 
in that class. He was first of all a lawyer. He was devoted to his profession 
and chivalrously proud of it. Physically strong, he was able to work ten or 
fifteen hours every day. In the days of his middle life he put in several hours 
each day, morning and evening, at home in his "den" as he called it, where 
he had a little well-selected reference library — always appearing fresh and 
new at the office for a full day's work. His verse making or his other lit rary 
work never interfered with his duty to his law office. That was his business. 
When he did anything else it was his play, just as most lawyers go fishing 
or go to the ball game. 

I beg you not to think me too complaisant about myself when I say that 
for many years I was closer to Ware's inner self than any one else now 
living, excepting only his wife. He gave me his inside confidence to such 
an extent that the memory is now very precious to me. Yet in all our talk 
I never heard him quote a single line of poetry, save once. One afternoon 
I came back to the office to report after getting beautifully flailed in a law- 



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suit. I was glum, of course. After my down-hearted recital he repeated, 
slowly, from Longfellow: 

"Into each life, some rain must fall; 

Some days must be dark and dreary." 

That was his only comment, and the only time I ever heard him quote 
poetry. 

In the old days of the bloody-shirt waving following the Civil War, 
Daniel W. Voorhees of Indiana, a really brilliant man, was a Democratic 
leader in the United States senate. John J. Ingalls of Kansas was making a 
speech. Voorhees persistently interrupted him. Ingalls was very properly 
known as the "Vitriolic Statesman." He viciously excoriated Voorhees in 
a speech — a kind of running colloquy, which is a classic. The next morning 
a report of it appeared in the dispatches. About nine o'clock that morning 
Ware called me to his room in the office and laid out a scrap of paper, and 
laid a silver dollar on it and told me to take it to the Western Union office 
and send it. Noticing that the message had neither signature nor date line 
I asked him if he didn't want to sign it. He only said, "No; he'll know where 
it comes from. If he don't, I don't care." This is what was written on the 
ragged scrap of paper: 

"John J. Ingalls, Washington, D. C: 
"Cyclone dense, 
Lurid air, 
Wabash hair, 
Hide on fence." 

Within the week that playful quip was reproduced in hundreds of papers. 

On May day morning in 1898 Captain George Dewey sailed into Manila 
bay in obedience to President William McKinley's laconic telegram, "Pro- 
ceed to Manila and destroy or capture the Spanish fleet." Dewey did it. 
That evening the newspaper disptaches with scare headlines, twenty times 
as big as themselves, told of the destruction of he fleet. The next morning 
I vividly recall that about three hundred men were at Ottawa, Kan., trying 
to nominate a congressman for the second district.- Pleased excitement ran 
high. This man, Captain Dewey, whom nearly everybody had to inquire 
about, as a mere breakfast spell had practically won the little scrap we 
dignify by calling it the Spanish-American War, before the world, or even the 
Spaniards themselves, knew there was a war. Captain Tim Stover, of 
Iola, as a happy and facetious thought, bought a few feet of Manila rope, 
cut it into six-inch bits, unstranded it and tied it into lapel buttonholes as the 
decoration of "The Loyal Order of Manila," which order was founded then 
and there. Within an hour half the men and women in Ottawa were bearing 
the decoration. You may recall or imagine the excitement there and all 
over America caused by Dewey's work. 

When the morning Topeka Daily Capital came in it carried this bit of 
verse : 

"0 Dewey was the morning 
Upon the first of May, 
And Dewey was the Admiral 

Down in Manila bay; 
And Dewey were the Regent's eyes, 

' Them ' orbs of royal blue. 
And Dewey we feel discouraged? 
I Dew not think we Dew." 



Eugene Fitch Ware. 



59 



In a few minutes everybody was repeating it. Within a week it had been 
published in every corner of the United States, and foreign papers copied it. 
It is quite safe to say that within ten days it had been printed ten million 
times. 

Of course it was doggerel, but it was good doggerel. It hit the point, and 
it well illustrates Ware's snap-shot way of writing, his happy ability to 
focus in a few lines of verse more sentiment, more patriotism than could be 
expressed in a page of prose. That was his art. 

Of course every lawyer has read Ware's versified report of the case of 
Lewis vs. The State, which was honored by being printed in the nineteenth 
volume of the reports of our supreme court. Hundreds of verisified reports 
of lawsuits have been written, but good lawyers will tell you that this is the 
most perfect one ever written. Others merely hint at what the court decided, 
but in Lewis vs. State, Ware's report is as perfect and exact as that of the 
official reporter. That is a strong statement, for the official reporter was 
one of the best lawyers in Kansas, Hon. W. C. Webb. The syllabus of this 
strange case states the decision thus: 

"Law — Paw; Guilt — Wilt. When upon thy frame the law — places its 
majestic paw — though in innocence, or guilt — thou art then required to wilt." 

The whole report is worth the reading. 

Here are two stories for which I am indebted to Mr. Theodore E. Griffith, 
of Kansas City, Mo., an intimate and long time friend of Ware: 

Thomas E. Dewey, of Abilene, was the editor and publisher of the short- 
lived but brilliant magazine, The Agora. He had published a regret that 
Kansas poets had confined themselves to long, elaborate types of verse 
instead of producing triolets or sonnets. 

Ware had written as a postscript to a business letter to a friend at Topeka: 
"I see Dewey grieves because Kansas poets have produced no triolets or 
sonnets. This is sad." The friend at Topeka (Mr. Charles S. Gleed) tore 
off the postscript and sent it to Dewey. Dewey wrote Ware urging that he 
send him a triolet or a sonnet for the forthcoming edition of the magazine. 

While in the office one afternoon in Fort Scott, Ware was opening his 
mail, and found a letter from Dewey with some clippings. 

"Mr. Ware said," relates Mr. Griffith, " 'I wrote Dewey that I didn't 
know a triolet from a violet, or a sonnet from a four-flush, but that if he'd 
send me some I'd make him one, and this is his response, and he's evidently 
called my bluff and expects me to make good. ' He turned over the envelope 
in which the letter and clippings had been received and wrote eight lines in 
probably half as many minutes, and handed it to me. The lines had the 
simple caption, 'A Triolet,' and were as follows: 

"Each second a sucker is born, 

In the world outside of Kansas; 
We've got to acknowledge the corn, 
Each second a sucker is born; 
But we laugh the fact to scorn, 

And we don't care where it lands us — 
Each second a sucker is born, 

But he is not born in Kansas." 

The lines appeared in The Agora, and were copied extensively. They 
briskly went the rounds of the press, as did all his other Kansas things. 



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Kansas State Historical Society. 



The other story from Mr. Griffith goes to the same point — Ware's off- 
hand writing. 

The two were at dinner. "During the dinner hour," says Griffith, "the 
conversation drifted to the subject of the religious beliefs of men, and in his 
rapid-fire delivery he analyzed the dominant idea of the various faiths of 
religious beliefs from the beginning of written record, enlarging especially 
upon the quality of faith, and from faith to what he regarded as superstition 
enlarging upon the theme with a wealth of detail and originality of ideas, 
in which sincerity was blended with a degree of respect for every religious 
belief which helped to make the world better, amounting almost to a rever- 
ence. 

"After dinner he turned to me and remarked: 'We didn't have much 
trouble in grinding out a triolet for Dewey; let's write a sonnet for Gleed." 
I suggested his dinner-table theme, 'Superstition.' 

" He pulled a tablet of paper toward him and wrote. The time consumed 
in the writing appeared less than would be required by the average penman 
to produce an equal amount of ordinary composition. The lines he had 
written were: 

"Amid the verdure, on the prairies wide, 

There stretches o 'er the undulating floor, 

As on the edges of an ocean-shore, 
From east to west, half buried, side by side, 
A chain of boulders, which the icy tide 

Of glacial epochs centuries before 

From arctic hills superfluously bore, 
And left in Southern summers to abide. 

" So on the landscape of our times is seen 

The rough debris of error's old moraines. 
The superstition of a thousand creeds, 
Half buried, peer above the waving green; 
But kindly time will cover their remains 
Beneath the sod of noble thoughts and deeds." 

The sonnet was mailed to Mr. Gleed, who forwarded it without signature 
to the Cosmopolitan, who acknowledged it by a draft to Gleed's order, which 
he endorsed and forwarded to Ware. 

Ware sent it back to Gleed with the suggestion that the man who could 
get money out of that sort of stuff had more genius than the man who wrote 
it. Gleed sent it back. That check, uncashed, is now pasted in the Ware 
scrap book, in the keeping of the family. 

The sonnet has been translated into half a dozen languages, and naturally, 
is more honored elsewhere than along the banks of the Marmaton. 

One of the remarkable features of Ware's character is shown in the fact 
that he never commercialized his genius. It was not because he was im- 
provident, for he was a careful business man and a money-maker. In his 
work as a lawyer he insisted on ample retainers and full compensation — 
and got them. He was not careless of money matters; but he had the same 
lofty contempt for any one who prostituted his literary genius for money 
that Lord Byron had. It is a noticeable fact that he never received one cent 
for any of his verses. Even the different editions of his poems which were 
authorized by him were published without a cent of profit to him. For at 
least thirty years of his life he would have been welcomed a contributor by 



Eugene Fitch Ware. 



61 



the highest class of magazines, at good prices. Other and smaller men have 
hurried to take advantage of much narrower openings; but he did not. 

No book or print of any kind touching his verses ever bore his name, with 
his consent. He always modestly contented himself with his nom de plume 
"Ironquill." Nothing he ever wrote was copyrighted in his own name; 
always in the name of the publisher. 

On the later editions of his work in book form he did receive royalties,, 
but they were religiously kept apart in a separate account and used to send 
copies of his books to his personal friends who would appreciate them. This 
rather odd account is preserved, and may be seen now. 

This peculiarity of his, as I have just said, was not because of his contempt 
for the grossness of money consideration. His law briefs and opinions (and 
they were good literature, too) were all well paid for; but he chose to regard 
his verse-making as his diversion — his play-spell work. He regarded it as 
cheap and petty to ask or take money for it. There was no suspicion of the 
penny-a-liner in his make-up. 

Until this time I realize that I have discussed Ware mostly as a wit 
rather than as a poet. On the matter of his real poetry, as distinguished 
from his mere verse-making, tastes must differ. His verse most often referred 
to as his masterpiece, "The Washer-woman's Song," is strong and good. 
It is strong and good because it so very human. No one but a manly man 
could have written it; no one without the delicate feeling of a poet would 
appreciate the spirit of the theme: 

"In a very humble cot 
In a rather quiet spot, 

In the suds and in the soap, 

Worked a woman full of hope; 
Working, singing, all alone, 
In a sort of undertone: 

' With a Savior for a friend, 

He will keep me to the end.' 

"Sometimes happening along, 
I have heard the semi-song, 

And I often used to smile, 

More in sympathy than guile; 
But I never said a word 
In regard to what I heard, 

As she sang about her friend 

Who would keep her to the end. 

"Not in sorrow nor in glee 
Working all day long was she, 

As her children, three or four, 

Played around her on the floor; 
But in monotones the song 
She was humming all day long: 

' With the Savior for a friend, 

He will keep me to the end.' 

"It's a song I do not sing, 
For I scarce believe a thing 

Of the stories that are told 

Of the miracles of old; 
But I know that her belief 
Is the anodyne of grief, 

And will always be a friend 

That will keep her to the end. 



62 Kansas State Historical Society. 

"Just a trifle lonesome she, 
Just as poor as poor could be; 

But her spirits always rose, 

Like the bubbles in the clothes, 
And though widowed and alone, 
Cheered her with the monotone, 

Of a Savior and a friend 

Who would keep her to the end. 

"I have seen her rub and scrub, 
On the washboard in the tub. 

While the baby, sopped in suds, 

Rolled and tumbled in the duds; 
Or was paddling in the pools, 
With old scissors stuck in spools; 

She still humming of her friend 

Who would keep her to the end. 

"Human hopes and human creeds 
Have their root in human needs: 

And I would not wish to strip 

From that washerwoman's lip 
Any song that she can sing, 
Any hope that songs can bring; 

For the woman has a friend 

Who will keep her to the end." 

Flying in the face of general opinion, I think "The Washerwoman's 
Song" is not his best. He was criticized in a widely printed letter by a 
really good friend of his, for writing it. The ground of criticism was that 
it was irreligious, though why that criticism it would be hard to tell, for 
"The Washerwoman's Song" is essentially reverential. In answer to the 
criticism he wrote "Kriterion," which is, in my opinion, his best work. 
The musical rythm — the music of it — the clear conciseness of thought, the 
dignified movement, mark it as his best piece of finished poetry: 

"I see the spire, 

I see the throng, 

I hear the choir, 

I hear the song; 
I listen to the anthem, while 
It pours its volume down the aisle; 
I listen to the splendid rhyme 

That, with a melody sublime, 

Tells of some far-off, fadeless clime — 

Of man and his finality, 

Of hope, and immortality. 

"Oh, theme of themes! 

Are men mistaught? 

Are hopes like dreams, 

To come to naught? 
Is all the beautiful and good 
Delusive and misunderstood? 
And has the soul no forward reach? 
And do indeed the facts impeach 
The theories the teachers teach? 

And is this immortality 

Delusion, or reality? 



Eugene Fitch Ware. 63 

"What hope reveals 

Mind tries to clasp, 

But soon it reels 

With broken grasp. 
No chain yet forged on anvil's brink 
Was stronger than its weakest link; 
And are there not along this chain 
Imperfect links that snap in twain 
When caught in logic's tensile strain? 

And is not immortalitv 

The child of ideality? 

"A.nd yet — at times — 

We get advice 

That seems like chimes 

From paradise; 
The soul doth sometimes seem to be 
In sunshine which it can not see; 
At times the spirit seems to roam 
Beyond the land, above the foam, 
Back to some half-forgotten home. 

Perhaps — this immortality 

May be indeed reality." 

As a piece of pure poetic fancy, his "Violet Star" has never been excelled. 
No mere dreamer could have written it: 

" 'I have always lived, and I always must,' 

The sergeant said, when the fever came; 
From his burning brow we washed the dust, 

And we held his hand, and we spoke his name. 

" 'Millions of ages have come and gone,' 

The sergeant said as we held his hand; — ■ 
' They have passed like the mist of the morning dawn 
Since I left my home in that far-off land.' 

" 'We bade him hush, but he gave no heed — 
' Millions of orbits I crossed from far- 
Drifted as drifts the cottonwood seed; 

I came,' said he, 'from the Violet Star. 

" 'Drifting in cycles from place to place — - 

I'm tired,' said he, 'and I'm going home 
To the Violet Star, in the realms of space, 

Where I loved to live, and I will not roam. 

" 'For I've always lived, and I always must, 

And the soul in roaming may roam too far; 
I have reached the verge that I dare not trust, 
And I'm going back to the Violet Star.' 

"The sergeant hushed, and we fanned his cheek; 

There came no word from that soul so tired; 
And the bugle rang from the distant peak, 

As the morning dawned and the pickets fired. 

"The sergeant was buried as soldiers are; 

And we thought all day, as we marched through the dust; 
His spirit has gone to the Violet Star — 

He always has lived, and he always must." 



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Kansas State Historical Society. 



The spirit of his verse is elemental. He stayed on earth. He took no 
flights. He was not afraid to write as he thought. He thought as ordinary 
everyday men and women think. His charm lies in the fact that he put into 
his verse the very human thoughts and suggestions that come to ordinary 
people — the very same intangible, undescribable quality that makes Long- 
fellow and Tennyyson to be appreciated by us common folks. He was like 
the people described by Burns in his letter to William Simpson, who 

"Spak their thoughts in plain braid lallans, 
Like you and me." 

In his "American Notes," Rudyard Kipling tells of being interviewed 
by a newspaper reporter in San Francisco, after a long residence in India — 
his first day in America. Kipling said to the reporter, "This is hallowed 
ground, because of Bret Harte. " The reporter answered with a yawn: 
"Well, Bret Harte claims California, but California don't claim him. Have 
you seen our cracker factory and the new offices of the Examiner?" And 
Kipling soliloquizes: "He could not understand that to the outside world 
the city was worth a great deal less than the man." 

The time is not now, but it will come, when in this city, and in Fort 
Scott, the people showing their visiting friends about town will point out 
a house and proudly say, "Ironquill lived there." At that day they will 
drive their visiting friends at Fort Scott out to the National Cemetery and 
point to a great, rough, unchiseled granite boulder, and say, "There is the 
grave of Eugene Ware." 

Shrines in a new state are slow in coming. They are coming; and Ware's 
house and tomb will head the list. 

I can not close more properly than by repeating to you his "Adieu," 
at the end of his first volume. It contains a tender reminder of his love for 
his Kansas home: 

"Oft the resonance of rhymes 
Future hearts and distant times 

May impress; 
Shall humanity to me. 
Like my Kansas prairies, be 

Echoless?" 



Eugene Fitch Ware. 



65 



EUGENE WARE. 

Read before the Saturday Night Club, Topeka, March 9, 1912, by Judge J. S. West.' 

WHAT may be said here arises out of personal recollection and not from 
consultation of books or poems, and is intended merely as an at- 
tempt to give the impression left on my mind by Mr. Ware. 

About the summer of 1871 a number of us were one day at Jimmy Jones* 
store on Cow creek, in Crawford county. Jimmy was a character. He had 
been a forty-niner and had seen Lola Montez dance before excited crowds 
of miners who threw valuable specimens on the stage in token of their ap- 
preciation of her peculiar interpretation of the terpsichorean art. He ate 

and slept in the little back room of the store 
and in the front room kept the usual small 
line of groceries, including "Red Jacket Bit- 
ters." He was everybody's friend, and to him 
from up and down the creek and over the 
prairies came the young fellows to discuss the 
gossip of the day and tell Jimmy how it all 
happened. Whether or not he died I do not 
know. I think he just evaporated as quietly 
and sadly as he lived and joked. The store 
was on the road leading south into the new 
country, and Jimmy knew everybody who 
had been in the region any length of time. 
On the day in question I noticed a man 
camped with a wagon on the prairie a few 
rods from the store. He was tall and slender 
judson S. west. an( * wore a soft felt hat, woolen shirt, trousers 

in boots, and when I asked who that man 
was, Jimmy said, "That's Captain Ware." Pretty soon Captain Ware came 
in to chat with his friend, and he used words of such syllabic proportions 
that to my boyish mind he seemed a man of wonderful erudition. He had 
the same peculiar voice, graceful swing and manner so familiar in later 
years. Jimmy had a stack of knives and forks piled up on the shelf, and as 
Captain Ware was a well known and welcome guest, he went behind the 
counter and leaned on the shelf to talk. Some way in moving he knocked 
the stack of cutlery to the floor with a crash that was enough to startle 
the sphinx. With his inimitable grace and peculiar humor he simply said 
in a half-solemn tone, "James, those knives fell." 

On July 4th, 1876, at the centennial celebration in Farnsworth's Grove 
at Fort Scott, I next remember seeing Mr. Ware when he read his famous 
corn poem. He was still slender, and with his piratical moustache and black 

Note 1. — Judson S. West, associate member of the supreme court of Kansas, was born in 
Allegan county, Michigan, June 28, 1855. He was educated in the common schools of his native 
state and the Kansas University. He studied law and was admitted to the bar. He practiced in 
Bourbon county, Kansas, and was judge of the sixth judicial district for five years. He was assistant 
attorney-general nearly six years and was assistant United States attorney for Kansas for more 
than five years. He was elected associate justice of the supreme court in 1910. Judge West is 
a Republican in politics and is a member of the Baptist Church. He is a man of fine legal attain- 
ments and is popular in Kansas. 




—5 



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Kansas State Historical Society. 



Prince Albert suit he presented a picture which has never faded. The poem 
was published in the Fort Scott Monitor, and I committed a good portion of 
it to memory. It was entirely Waresque. No one else could have written 
it, and no other man could have read it in that queer voice running from 
falsetto to gutteral bass. I have not read the poem for perhaps thirty years, 
but I recall certain lines which I used to declaim to the prairie chickens and 
autumn breezes in my lonely rides across the prairies. It began: 

" Our president and governor have said, 

In proclamations which you all have read, 

That we the record of a hundred years, 
Its hopes, its histories, its pioneers, 

Should hear in public; wishing to obey, 

We meet together on the present day." 

Then to show that the poem must be taken straight he said: 

"Nate Price of Troy, at Leavenworth last June, 
Told of a backwoods Arkansaw saloon: 
Two gay ' commercial tourists,' somewhat dry, 

Stopped in for drinks as they were passing by. 
Says one: 'Some lemon in my tumbler squeeze.' 

The other says: 'Some sugar, if you please.' 
Each got a pistol pointed at his head — 

'You'll take her straight,' the bar-keep gravely said." 

Later on came this sentence: 

"We all believe in Kansas; she's our state, 
With all the elements to make her great — 
Young men, high hopes, proud dreams — 'tis ours to see 
The state attain to what a state should be." 

The close was in these hopeful words: 

"And when a hundred years have drifted by, 

And comes the next Centennial July; 
When other orators, in other verse, 

Far better days in better ways rehearse; 
When other crowds, composed of other men, 

Shall re-enact the present scene again; 
May they be able then to say that she 

Is all that we have wished the state to be." 

In March, 1880, I entered the law office of Hill & Sallee, at Fort Scott, 
as a student, and soon met Mr. Ware, who had a nourishing office and busi- 
ness a little farther up the street. He and Mr. Sallee were firm friends, and 
as my preceptors were both Democrats Mr. Ware was surprised to find me 
.at a Republican meeting at Centerville, where he and Elder Campbell were 
to speak and let the party determine which one should succeed Senator 
Griffin, who had just passed away. Mr. Ware was chosen, and early in the 
session of 1881 he wrote me to come up and be clerk to his committee on 
corporations. I replied in his own well-known phrase that I would come if 
I could "raise the fare;" whereupon he sent me a check and I came up. My 
duties were not onerous, and I saw much of the senate and its workings, and 
remember well how he and Noble Prentis, who was a free lance for the Atch- 
ison Champion, would fall on each others' necks when they met. He did not 
believe in prohibition, but he voted for the statute because he had promised 
his constituents to do so. One day W. A. Cormany, of Fort Scott, called on 
him at his room, and, being as cheerful and full of life as ever, Mr. Ware 



Eugene Fitch Ware. 



67 



said: "Corm, if you'll come up and stay with me I'll give you two dollars 
a day. Corm, if you'll come I'll give you two and a half a day!" 

He and his brother Charlie, Ware & Ware, had an increasing law business 
and were incessant and merciless workers. In fact, Charlie, strong and stal- 
wart as he was, literally worked himself to death. If Eugene happened to 
get hold of a new law book he was likely to sit up three-fourths of the night 
and read it through. Once he had a big case involving the guarantee of a 
note, and had shipped down from the state library a wagonload of books 
and read from them a couple of days to the court. One day a client de- 
ceived him, and he had painted in big black letters and hung up in his office 
this legend: "The Lord hates a liar" — a sentence somewhat akin to his 
paraphrased expression that the King of Shadows "loves a mining shark." 
His recreation was poetry. No one could tell where or how it would break 
out, but probably when he was tired or out of sorts. He seemed to hate the 
idea of being known for his poetry; but his "Rhymes of Ironquill," his 
"Fables," his "Admission of Hie Jones," "The Washerwoman's Song," and 
the like, kept coming and his fame kept increasing. No one but Eugene 
Ware could have thought of: "Once a Kansas Zephyr strayed where a brass- 
eyed bird pup played," or of a cyclone that "calmly journeyed thence, with 
a barn and string of fence." When Ingalls performed his heroic surgery 
upon the cuticle of Senator Voorhees there was only one man in the United 
States who could have conceived and sent this message: 

" Cyclone dense, 
Lurid air, 
Wabash hair, 
Hide on fence." 

When Dewey blew up the Spanish fleet it was he who exclaimed: 

" Dewey was the morning 
Upon the first of May, 
And Dewey was the Admiral 

Down in Manila bay; 
And Dewey were the Regent's eyes, 

'Them' orbs of royal blue: 
And Dewey feel discouraged? 
I Dew not think we Dew." 

One evening I was in the Monitor office, and there sat Mr. Ware, correet- 
ing with the utmost precision the proof of that sonorous euphony about the 
Marmaton river where "The murmuring Marmaton murms." "Still mur- 
mur on, O Marmaton." Long years before he had made famous one of its 
tributaries, the "Yellow Paint": 

"From the shores of Yellow Paint, 
Where the billows loudly roar, 



And the women loudly snore, 
Whether they're asleep or aint." 

It is no treason to my home county to say that the Marmaton is as muddy 
and vile and uninteresting a stream as ever wound toward the sea, and the 
Yellow Paint is as beautiful as yellow mud would naturally be, but these 
two poems have cast a glamour over the two streams that time or fact or 
prose or reality can never dispel. 



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P ■ Recently in Colorado Springs a minister recited as part of his sermon 
almost the whole of "The Washerwoman's Song," and it was as apt and 
effective as any quotation could have possibly been. I lived for some time 
within two blocks of Mr. Ware, and doubtless equally near the site of this 
famous woman, but I never asked him her name or the number of her house. 
It seemed better to let it all rest as a picture and a song, unsobered by geo- 
graphy and undisturbed by location. His fable about the woman who soaped 
the railroad track so that the train could not kill her stock was said to be a 
puzzle to his English readers, who knew of no stock except corporation 
shares, but it was Kansas language which we all knew well enough. 

Some years ago at a banquet at the Goodlander he was prevailed upon 
to recite the "Admission of Hie Jones," and when he came to the passage 
about "Thomas, of the 'Wilder,' chief nose-artist of the town," he paused 
and called attention to the fact that "Tommy" was present in his own proper 
person, being then the steward of the hotel. "Tommy" had gone out of the 
nose-painting business owing to the prohibitory law enacted in part by the 
vote of Mr. Ware. 

One time he and I were billed for a schoolhouse meeting to discuss the 
tariff. The farmers listened in blank obfuscation as he discussed learnedly 
about the exports of certain far-away islands, and he did not make a vote. 
But one night in the courthouse square he made a tariff speech in which he 
said in substance that he was for protection; for protecting the United 
States against every other country; he was for protecting the continent of 
North America against all the other continents; the western hemisphere 
against all the other hemispheres; and the world itself against the moon 
and all the other planets. This speech made votes. 

He was a hale fellow well met, always social and genial and full of jokes 
and puns, and would swing along the street and greet a friend with a gusto 
as refreshing as a summer breeze; but he could not make the farmers and 
workingmen understand him. He had what they called a toplofty air, and 
he could not impress them that he felt himself one of them. Once while a 
convention in which he was interested was gathering, he talked with some 
farmers who were standing delegates, and tried to entertain them, but I 
could see that to them, as Frank Ryan said about the short hand man, he 
was talking in an unknown tongue. This and his utter fearlessness and en- 
tire lack of policy made it impossible to secure the congressional nomination 
which once or twice escaped him by two or three votes in his own county 
convention. Yet all felt and believed that he would make his mark in Con- 
gress and be a unique and decided advertisement for the district. 

He never did anything like anybody else. He once advertised for a hired 
girl and held out the inducement that every girl who took employment at 
his house soon got married. When all the local sentiment was growing and 
sensitive in favor of prohibition he put a piece in the paper about how pro- 
hibition made him tired; and afterward, when an aspirant for Congress, 
this was copied in dodger form and thrown into all the farm wagons on the 
public square. 

In one brief in supreme court which discussed the practice of taking the 
other party's deposition and fishing out in advance what he would swear to, 
he remarked: "Judicial piscary is not yet established in this state." An- 
other time, in replying to a brief which alleged that some one had died of 



Eugene Fitch Ware. 



69 



chronic peritonitis, he said he supposed that must be a good deal like a chronic 
stroke of lightning. Once, when chosen judge pro tern., he mounted the 
bench and said: "Mr. Sheriff, you will please see that we have considerable 
style around here now." His wife and daughters are Vassar graduates, and 
not long ago he sought in federal court an injunction against the use of the 
word "Vassar" for certain chocolate candy, and advised the court that he 
thought there ought to be some rule of law or equity somewhere which would 
fit the case. But he was a strong lawyer, and when he left Fort Scott years 
ago to join the Gleed firm he was the leader of the bar there, which was no 
mean thing, for Fort Scott has for forty years had a bar of high caliber. He 
was much gratified at being able to settle in supreme court several questions 
of practice. Like Ben Butler, he gloried in a knotty case, and hating fraud 
as he did, he loved a creditor's bill in which he could make life miserable for 
some miscreant who had tried to beat his just debts. His experience and 
practice were wide and his emoluments were large. He was for a time at- 
torney for the Kansas, Nebraska & Dakota Railroad. We had a small 
damage suit pending against his client, and one evening he sent for me, and 
I found him out in his front yard telling his children the names of the various 
planets in the bright summer sky. He said he was on the verge of a collapse 
and wanted to settle the case with me or arrange for it. But he was all right 
the next day and had no collapse, though he was overworking himself, as he 
often did. When he returned from his European tour he gave a talk con- 
cerning the same at the Baptist church, and upon introducing him I was 
struck by his request to leave a chair where he could drop into it as he might 
need it; but he went through with the address without difficulty. Aside 
from these indications, and the fact that he carried an unhealed scar from a 
serious army wound on his arm, he seemed in robust health always until near 
the end. About twelve years ago he told me that some one said he ought to 
get a pension, but that he replied that a client did not want a lawyer who 
drew a pension to thrash out his law suits, but a big healthy fellow who 
could stand the strain. When later on he did apply for and receive a pension 
he devoted it to the benefit of a young student in whom he was interested. 
The last time I saw him at his office in Kansas City, Kan., he said: "I am 
three times a grandfather, and have not a thing to worry me but the conduct 
of the Republican party." 

He was a harness maker by trade, and that may explain his once driving 
a mule car down town, to his great delight. Doubtless the leather and the 
lines brought back memories of many days of leather and clamp and wax 
and twine. He had a long and fine record as a soldier and always kept in his 
office the old iron box used for a safe on his campaign. His work on the Fort 
Scott Monitor made him known, and there his reputation as a writer, a poet 
and a wit began. Had he remained a newspaper man I have no doubt he 
would have been famous and successful, but he loved the law and desired 
most of all to be known as a lawyer. No one was ever quicker to appreciate 
and consider ability in his opponent, and no one more loved the legal fray. 
But he was a born literatus. His gift of the Ware library was the nucleus 
of the Fort Scott library, and for a long time was all the city had. I am sorry 
he left Topeka, he liked the place, and here he felt at home. At the Cremerie 
at noon he ordered his pumpkin pie, glass of milk and "fragment of cheese," 
and made it a place almost as sweet to the memory of its frequenters as 



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Kansas State Historical Society. 



Will's Coffee House was to its London patrons in its palmy days. His big 
meal must have been at evening, for he told me once that for breakfast he 
usually had a glass of water and the Topeka Capital, and there are those who 
would consider this a very mild form of breakfast food. As age came on he 
increased in girth, and his physique and iron-gray hair and moustache would 
attract attention anywhere. He was abundantly able to quit work, and 
gradually did retire from the practice, never losing his love for the profession 
or his interest in his brother lawyers. He had some enemies, and was by no 
means a bad hater himself, possessing a vocabulary which could express as 
many different kinds of aversion as ever became necessary. He was erratic, 
he was different; but the only real description or definition possible to give 
is that he was Eugene Ware. To us who knew him that is ample and clear, 
and most clear to those who knew him best. His only public position, save 
that of state senator, was Commissioner of Pensions. There he showed more 
courage, made more enemies and was more talked about than any prede- 
cessor or successor. It did not fit his nature to be the head of a bureau whose 
rulings could be reversed and whose policy could be questioned by various 
tribunals and authorities, and most distasteful of all was the notion that any 
official act should have any consideration from a political standpoint. After 
several years of efficient management he left the position with an expressed 
desire once more to eat pumpkin pie at the Cremerie, and with a letter of 
highest commendation from President Roosevelt. 

Many thought and think that Mr. Ware was an infidel, but I do not 
believe it. His mother was a typical, frail, devout New England Congrega- 
tionalism His father was also a devoted member of the same church, and 
having been a sailor for years and an insatiable reader, was one of the most 
lovable and entertaining old men I ever knew. That Mr. Ware's faith was 
not fixed there can be but little doubt, but flashing from various poems were 
expressions that lead one to think that he wanted to believe, and did believe 
in his own way. When Loren Farnsworth went to him for a subscription 
towards the expense of getting a Unitarian to come and preach, he replied 
that his wife and daughters belonged to the Baptist church and he was 
helping foot the bills where they believed in the Trinity, and he did not see 
why he should put in money to help tear down two-thirds of that Trinity, 
and he did not give a cent. I believe he had a greater mind and nature, a 
bigger heart and brain than many of his acquaintances realized. With all 
his faults, I am glad he was my friend for more than thirty years and that I 
can not live long enough to forget his kindnesses, his inimitable voice and 
manner, his whole-souled hospitality, his love for old-time scenes and friends, 
and his unique personality. His ambition was to return to the old farm in 
Cherokee county where he first settled and built a cabin, and write a book. 
He did return and began writing, and during his usual vacation at Cascade 
the great heart suddenly ceased to beat, and Eugene Ware was no more to 
be our neighbor, our friend and our entertainer. 

The National Cemetery at Fort Scott is on a western slope crowned by a 
prominence where the pavilion and superintendent's office are. It looks 
towards the city, so much a part of which Eugene Ware was for a quarter of 
a century. Entering the double iron gate the drive leads up the center be- 
tween rows of headstones, then divides and circles to the right and left, 
leaving the bare slope of blue grass untouched. Right inside the divide, 



Edward Wanshear Wynkoop. 



71 



fronting the field of graves below, by special dispensation of the War De- 
partment, lies the body of Eugene Ware. As I rode out to see the new-made 
mound it seemed as if by calling he could be induced to rise and greet me 
with his old-time warmth and vehemence. Forty years ago on the green 
prairie by Jimmy Jones' store I first saw him. Life was then before him and 
its promises were sweet. After four decades he was laid to rest in the blue 
grass only a few miles from these same prairies, life ended, its promises 
variously broken and kept. But a name and fame gained, and that crown 
of crowns, the respect and almost idolizing love of his family, and love and 
gratitude from his country sufficient to break the rule and permit him to 
rest a little up the hill from his fallen comrades, where one can see a little 
farther over the old town, a little higher up, a little nearer heaven, where the 
washerwoman had a Friend who would keep her to the end, and whose faith 
he said he would not destroy. 



EDWARD WANSHEAR WYNKOOP. 

Written for the Kansas State Historical Society by Edward E. Wynkoop, 1 of Stockton, Cal. 

MY FATHER, Edward Wanshear Wynkoop, well known to the pioneers 
of Kansas territory, was born at Philadelphia, Pa., on June 19, 1836, 
and was the youngest child of a family of eight brothers and sisters. 

He passed his boyhood days in the anthracite coal regions of his native 
state, and when about twenty years of age, journeyed to Lecompton, Kansas 
territory, to enter service in the United States land office there, then under 
the charge of his sister Emily's husband, General William Brindle. 2 

Shortly afterwards the trouble between the free-state and pro-slavery 
factions became acute, and he espoused the cause of the free-soilers, seeing 
much dangerous service during the troublous period that earned for the 
now great state her title of "Bleeding Kansas." During the year 1858 
General James W. Denver, then governor of Kansas territory, formed a 
party of provisional officers to administer the civil affairs of a community 
of goldseekers who had settled at the junction of Cherry creek and the South 
Platte river, where now is Denver city. At that time the state of Colorado 
had not been created, and its present boundaries were embraced by Kansas 
territory, so it was properly under control of Governor Denver. Edward 
W. Wynkoop, of this party, had been named as sheriff in the little group of 
officials, therefore was the first sheriff of Arapahoe county, 3 in which Denver 
was afterwards situated. 

This body of men slowly traveled to Pueblo, now a large and prosperous 

Note 1. — Edward Estill Wynkoop, son of Edward Wanshear Wynkoop and his wife Louisa 
Matilda Brown, was born in Denver, Colo., October 6, 1861, and received his education in the 
public schools of his native city. On June 22, 1898, he married Miss Nellie Augusta Pettee, in 
Cheyenne, Wyo. She was a native of Boston, Mass., born February 7, 1866, and died at Stockton, 
Cal., April 10, 1914. The Wynkoop ancestry is an interesting one. The first member of the 
family was a Hollander who helped in the establishment of New Amsterdam (New York City). 
Successive generations have served in practically all the wars of the United States — the war of 
the Revolution, War of 1812, Mexican War, the Rebellion, and the Spanish-American War. 

Note 2.^For some account of General William Brindle see Kansas Historical Collections, 
vol. 8, p. 4 et seq. 

Note 3. — Arapahoe county, K. T., was organized and its boundaries defined by the legislature 
of 1855. Under the same act Allen P. Tibbitts was appointed probate judge of the county, with 
power to appoint a sheriff, a treasurer, a surveyor, and justices of the peace, all of whom were to 
hold office until the first general election. James Stringfellow was appointed clerk of the probate 
court and Levi Mitchell and Jonathan Atwood, with A. P. Tibbitts, were appointed commissioners 



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Kansas State Historical Society. 



city, one hundred and nineteen miles south of Denver, and during the early 
autumn of the same year crossed the Palmer Lake Divide and reached their 
objective point, Auraria, 4 situated on the south bank of Cherry creek. Con- 
siderable friction ensued on the coming of the governor's representatives; 
so the latter, accompanied by other late arrivals, moved to the east bank 
of Cherry creek and established a town site, which they named St. Charles. 5 
There cabins were erected and authorized civil government began. 

A town-site company had been formed and there was some talk of seeking 
a charter for it from the Kansas legislature, then on the eve of going into 
session. The name that had been chosen, St. Charles, was not satisfactory 
to the party generally, so a meeting was held one evening about a great 
campfire to choose one more distinctive. A number were proposed and 
rejected, when E. W. Wynkoop, almost startled at his own youthful temerity, 
arose and remarked, "Why not name it after our worthy governor, Denver?" 

Immediately there was unanimous consent to this proposition, and during 
further proceedings "Ned" Wynkoop and "Al" Steinberger were chosen 
as a committee of two, delegated to call on the Kansas legislature, six hundred 
miles distant, with the purpose of obtaining a charter for the new town site. 

Aurarians, just across the creek, had also made plans to get a charter for 
their townsite; so a race to Lecompton was likely between the two com- 
mittees. The Aurarian representatives lagged, however, deeming the 
weather too cold for an advance by their rivals, so the Denver committee 
stole a march on them, braved the severity of the winter weather, and after 
much hardship reached Lecompton. Returning later with the coveted 
charter, they met the Auraria committee traveling to obtain one. Thus 
was Denver named and its name fixed for all time in history. 6 



to locate the county seat, which was to be known as "Mountain City." This commission was 
afterward to serve as county commissioners. The county organization, however, was evidently 
not completed, for the same legislature (1855) passed an act providing for the annual election of 
a representative to the territorial legislature and attached the county to Marshall county for all 
purposes. However, in September (exact date not given), 1855, commissions were issued to Allen 
P. Tibbitts as probate judge of Arapahoe county, and James Stringfellow as clerk of the probate 
court. [Executive Minutes, Governor Wilson Shannon, Historical Collections, vol. 3, p. 286.] 
In the early summer of 1858 gold was found not far from Cherry creek, and prospectors began to 
go into the country. Governor Denver was thereby influenced to reorganize Arapahoe county 
and provide a government. Therefore, on September 21, 1858, commissions were issued to the 
following officers of Arapahoe county, by virtue of their appointment by the governor to fill 
vacancies: H. P. A. Smith, as probate judge; Edward W. Wynkoop, as sheriff; Hickory Rogers, 
as chairman of supervisors; John H. St. Mathews, as county attorney; John Larimer, as treasurer; 
Joseph McCubbin and Lucillias J. Winchester, as supervisors; and Hampton L. Boan, as clerk of 
supervisors. " [Executive Minutes Governor Denver, Kansas State Historical Collections, vol. 5, 
p. 512.1 

Note 4. — " . . . The Denver officers went to Auraria, which they had selected as 
their headquarters, and the site of the future 'Denver City'." — From statement of Mr. W. 
O'Donnall in the Lawrence Republican, January 13, 1859. 

Note 5. — " ... St. Charles, situated on the east bank of Cherry creek, and is the county 
seat established by the corps of officers sent out by Governor Denver; Denver City, so called,is 
merely a part of St. Charles." — From statement of Colonel Nichols in the Lawrence Republican, 
December 30, 1858. 

Note 6. — It may be of interest here to give in brief the incorporations of Denver. Auraria, 
on the west side of Cherry creek, was the first town started on land now embraced within the 
limits of Denver. In the latter part of October, 1858, and shortly after the beginning of Auraria, 
St. Charles sprang up on the east side of the creek, General William Larimer being an original 
inhabitant. In less than a month the St. Charles town site changed hands and became known 
as "Denver"; Colonel Richard E. Whitsitt was the secretary of the second town company. In 
the "Private Laws of Kansas, 1859," p. 226, may be found "an act incorporating the St. Charles 
Town Company." The members of the company mentioned are Adman French, Wm. McGall, 
Theodore C. Dickson, Frank M. Cobb, Charles Nicholls, Edward W. Wynkoop, William Larimer, 
jr., Charles Lawrence, William Hartley, jr., and Lloyd Nichols. This act was approved February 
11, 1859. 

Because the seat of government was so far away there was much confusion in the enforcing 
of laws in Arapahoe county, and several efforts were made to establish a territorial provisional 



Edward Wanshear Wynkoop. 



73 




CERTIFICATE DENVER CITY TOWN COMPANY. 



Wynkoop next engaged in placer mining up Clear Creek, northwest of 
Denver, taking out a large "stake." He sold out his interest in the gulch for 
a considerable sum just prior to the beginning of the Civil War. During 
his mining days he had been married to Miss Louisa M. Brown, whose 
family had journeyed to Denver from London, England, and a son — myself 
— was born of the union. Then the war clouds drifted from the far east 
over Denver, and the First regiment of Colorado volunteers, infantry, was 
formed to assist in preserving the Union of the states, Wynkoop joining as 
second lieutenant of company A. Colonel Slough, well known to many 



government. Finally after the adoption of a constitution for the Territory of Jefferson an election 
was held October 24, 1859, and provisional officers were elected. On November 7, a provisional 
legislature convened, did business for a month, and adjourned December 7. One of its acts was 
a charter and incorporation papers granted to the "City of Denver." The day following the 
adjournment of the legislature of the Territory of Jefferson an election was held by the faction 
upholding the Kansas government, and Richard Sopris was elected a representative from Arapahoe 
county to the Kansas Territorial legislature. During his incumbency Mr. Sopris introduced three 
bills relative to Arapahoe county towns which became laws. One to "incorporate and establish 
the city of Auraria, Kansas territory," approved February 27, 1860. [Private Laws of Kansas, 
1860, p. 58.] Another to "consolidate the cities of Auraria, Denver and Highland" (Highland 
had been organized in the autumn of 1859), approved February 27, 1860. [Ibid., p. 72. J This 
bill authorized an election to be held in the three cities "for the purpose of ascertaining the sense 
of the inhabitants ... in regard to consolidating all three . . . under one name 
and one common municipal government." The "one name" was to be "Oropolis." The third 
bill was "An act to incorporate and establish the city of Denver, Kansas territory." This was 
approved likewise on February 27, 1860. [Ibid., p. 86.] 

After the boundaries of Kansas became definitely fixed, the erection of Colorado as a territory 
followed, and its first legislature, begun September 9, 1861, incorporated the city of Denver, act 
being approved November 7, 1861. [Laws of Colorado 1861. p. 483.] 



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Kansas State Historical Society. 



Kansans of that period, was in command of the regiment, while Samuel F. 
Tappan was lieutenant-colonel. 

For some time during preparations and fuller enlistment, the regiment 
was in detention at Camp Weld on the west bank of the South Platte river, 
almost opposite Denver, and during this time Wynkoop was promoted to 
the captaincy of his company, August 26, 1861. 

On February 14, 1862, Acting Governor Weld received orders from 
General Hunter to send all available troops to reinforce Canby and oppose 
the advance of Confederate Texans through New Mexico. On the 22d 
the First Colorado set out. One or two companies had been mounted for 
scouting purposes. Proceeding south with all possible speed, the command 
soon joined forces with the Federal troops who had been driven in retreat 
to Fort Union, New Mexico. At Fort Union the Colorado regiment remained 
twelve days, until March 22, when under Colonel Slough they were led 
southward toward Santa Fe, by way of Las Vegas. 

At Bernal Springs Colonel Slough determined to hurry a detachment 
on into Santa Fe, there to surprise the enemy. This detachment he placed 
in command of Major Chivington, and with it went Captain Wynkoop with 
sixty picked men of his company. The detachment left the main body of 
the troops on the afternoon of March 25, and that evening, word coming in 
that Confederates had been seen in the neighborhood, a detail was sent to 
scout. They surprised and captured some Texan pickets, bringing them into 
camp. The next morning, March 26, the detachment started on a cautious 
advance, meeting in the afternoon, in Apache canon, a body of Confederates 
under Major Pyron. The battle was short and sharp, resulting in a decided 
victory for Chivington and his men. After the fight, on account of better 
camping ground, Chivington fell back to Kozlowski's ranch, where he was 
joined by Colonel Slough with the rest of the regiment. 

The engagement of Apache canon was followed by the gory contest of 
Glorieta pass — frequently called Pigeon's ranch — March 28, 1862. Here the 
fighting was fast and furious, and one of the spectacular as well as gallant 
occurrences was the capture of the wagon train, ammunition and valuable 
stores of the enemy by Major Chivington's detachment, in which Captain 
Wynkoop commanded a battalion. These men fairly slid down a steep 
mountain side upon the unsuspecting Texans. 

La Glorieta inflicted a serious loss on the Confederates; their stores were 
taken and destroyed; and their horses and mules, found corraled, were 
bayoneted. The Texans were finely mounted, and it went hard with them 
to have to walk. 

After this battle, on order from General Canby, the Union troops fell 
back to Fort Union. They remained there but a few days when orders came 
from Canby to hasten to his aid near Albuquerque. He had formulated a 
plan to compel Sibley and his army to withdraw from New Mexico, and had 
found them occupying Albuquerque, having evacuated Santa Fe April 5 
on their "retrograde movement." After some skirmishing Canby withdrew 
from Albuquerque some fifteen miles to await his reinforcements from Fort 
Union, which arrived April 13. The day following, the entire command set 
out in the wake of Sibley's army, which had in the meantime withdrawn 
from Albuquerque and started south. 

At Peralto the Confederates were surprised and a sharp skirmish ensued. 



Edward Wanshear Wynkoop. 



75 



But the strength of Sibley's army was broken and they were already in full 
retreat. 7 

Captain Wynkoop, for distinguished services, was promoted to major 
of the First Colorado in April, 1862, filling the place made vacant by the 
promotion of Major Chivington, who became colonel of the regiment on 
the resignation of Colonel Slough. 

After Peralto the fighting amounted to little, consisting of pursuit and a 
few skirmishes, so the regiment was divided and placed in garrison at several 
points in New Mexico. Major Wynkoop being held in command of Camp 
Valverde for six months longer. Many of the wives of the officers and 
privates had joined their husbands long before this term of garrison duty 
was ended, among them being Mrs. Wynkoop; so when the Colorado 
volunteers returned to Denver the march had much the resemblance of a 
big family party on its way home from some holiday expedition. 

Through the efforts of Colonel Chivington the regiment was transferred 
to the cavalry arm of the service, November 1, 1862, its new designation 
being First Colorado cavalry, and was ordered back to its home state for 
service early in 1863. At the beginning of the new Mexican campaign the 
Texans had called the Colorado troops "Pet Lambs," but after Glorieta 
they formed a different opinion of the "Pike's Peakers," regarding them as 
"regular demons." However, the sobriquet clung, and the banner of the 
veteran battalion, First Colorado cavalry, had as an emblem the figure 
of a lamb with the word "Pet" above it. 

In Colorado the troops were placed at various forts, with the exception 
of five squadrons. This command was sent out under Major Wynkoop to 
find and punish the Ute Indians, who had been raiding in central Colorado. 
After an extended, useless search for the marauding tribesmen, during which 
the command suffered many privations, Major Wynkoop led his troopers 
back to Denver. There they were received by the governor. 

Major Wynkoop was sent to take command of Fort Lyon, Colo., in the 
spring of 1864, with Captain Soule as second officer. At that point history 
was subsequently made that has caused bitter differences of opinion through- 
out the state until the present moment, arising from what was known as 
the "Sand Creek Massacre." Its story runs about as follows: 

The Cheyenne Indians had been on the war path in southeastern Colorado, 
in which locality Fort Lyon was situated, and it was the business of that 
garrison to prevent their depredations so far as was possible. Scouting 
parties from there and adjacent garrisons harassed the Indians considerably, 
until probably the latter began to realize that a movement for peace was 
most politic, for at last there were indications that they desired to make a 
treaty with the government. 

There being reason to expect treachery on the part of the redskins, Major 
Wynkoop had issued strict orders that any of them seen approaching the 
guard lines should be shot, and he notified the Cheyennes of his decision in 
this respect. Despite the danger, however, a lonely Cheyenne warrior ap- 
peared one day waving a flag of truce, and utterly disregarding the repeated 
warnings of the sentinels, calmly walked within rifle range. Wynkoop had 

Note 7. — For a more extended account of the First Colorado regiment in the campaign in 
New Mexico, see "Colorado Volunteers in the Civil War, New Mexico Campaign in 1862," by 
W. C. Whitford, published by the Colorado State Historical and Natural History Society, 1906; 
and Dr. Frank Hall's "History Of Colorado," 1889, p. 275 et seq. 



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Kansas State Historical Society. 



been summoned while the Indian was coming forward, and appeared just 
as the sentinels were about to fire. He immediately ordered that the Indian 
be not harmed and had him brought in for a parley. Then it was discovered 
that the Cheyenne, One Eye, was an emissary from his band, come to plead 
for peace. 

Admiring the man's courage and supreme unselfishness in calmly facing 
almost certain death for his people's welfare, Major Wynkoop hearkened 
to his plea and assured him that an effort would be made to have a peace 
treaty concluded. Wynkoop stipulated, however, that the band to which 
One Eye belonged should surrender as prisoners of war and establish camp 
at Sand creek, about five miles from Fort Lyon; Chiefs Black Kettle and 
White Antelope, brothers, at the head of the band in question, were to 
consider themselves hostages as a guarantee of the good behavior of the 
warriors. This was assented to, and besides surrendering, the Cheyennes 
turned over to Wynkoop four white captives — Laura Roper, two boys, and a 
tiny flaxen haired girl, Isabella Eubanks. 8 The Indians were acting in good 
faith and trusted to white men's promises implicitly; only, alas, to find 
greater treachery among the people of civilization than any they had ever 
practiced. 

With his two main hostages, and five other chiefs regarded in the same 
light, and the four who had been liberated from captivity, Wynkoop traveled 
to Denver, his purpose being to enlist the governor's aid in having the 
authorities at Washington make a peace treaty with the willing Cheyennes 
— a far more humane method than to pursue and slaughter them. Not being 
able to do much there in this direction, he soon returned to Fort Lyon with 
his hostages. 

In the meantime a hastily formed one-hundred-day regiment — properly 
the Third regiment, Colorado volunteers — had been enlisted at Denver, on 
the representation to the War Department by Colorado's governor that it 
was needed to protect settlers from Cheyenne depredations. Colonel Chiv- 
ington was placed in command of this regiment, and led it southward, 
determined to obliterate the trustful prisoners of war encamped at Sand 
creek. Also at this juncture some secret influence caused Wynkoop to be 
transferred to the command at Fort Riley, Kansas, Major Scott J. Anthony 
being sent to relieve him at Fort Lyon. 

In the presence of Major Wynkoop, Major Anthony met the Cheyenne 
chiefs and promised to protect them as prisoners of war; so Wynkoop de- 
parted for his new assignment. Two days later the new regiment arrived 
at Fort Lyon, surrounded that post with a cordon of sentinels so that news 
of their purpose should not reach the Indians, and called on Major Anthony 
to accompany them to the field of their intended operations that night. 
Anthony is said to have expostulated against the murderous plan, but was 
overruled by his ranking officer, Chivington; the ending of the matter being 
that Captain Soule of the garrison was ordered to take several platoons from 
the forces of the fort and accompany the Third regiment. This he did, but 
when the dreadful slaughter began this brave officer resolutely refused to 
have a hand in it. Chivington stormed at his decision and threatened him 



Note 8.— For accounts of these Indian captives see also Frank Hall's "History of Colorado," 
p. 3:55, et seq; Transactions Nebraska State Historical Society, vol. 2, p. 198; Dawson's "Pioneer 
Tales of the Oregon Trail," p. 171; and Root's "Overland Stage to California," p. 353. 



Edward Wanshear Wynkoop. 



77 



with arrest in irons and subsequent court martial, but he remained stead- 
fast to principle; neither would his men fire a shot, although repeatedly 
ordered to do so by Chivington, all sitting on their horses like statues during 
the whole bloody affair. The men of the Third regiment had stolen stealthily 
upon their unsuspecting quarry and had been most advantageously placed, 
so that the fearful work proceeded without a hitch. 

But let the veil be drawn over the scenes of ferocious atrocity, in which 
defenseless men, crying women and innocent babes met with such inhumanity 
as is supposed to be typical of savagery only. The morn might well blush, 
the heavens weep at sight of civilization's crime! The date of this massacre 
was November 27, 1864. 

Wynkoop was wild with rage when he heard of the crime committed by 
Chivington and his command, and demanded their trial and punishment 
for the deed. But strong, hidden forces — forces which lie in safe covert to 
avoid danger when the soldier is at the front, but often reach forth their 
slimy fingers to befoul his good record — demanded that Wynkoop be punished 
for leaving his post of duty with his hostages, even though it was vitally 
necessary that he do so in those days of slow communication between heads 
of government and their subordinates. 

The outcome of the whole matter was that Wynkoop's actions were very 
thoroughly investigated by the federal government; he was exonerated 
from blame and officially praised, afterward being appointed chief of cavalry 
for the Upper Arkansas district, on June 17, 1865, by command of Major 
General Dodge, commanding the Department of the Missouri. On March 
13, 1865, prior to this appointment, Wynkoop had been brevetted lieutenant- 
colonel. 

On the other hand, Chivington and some of his officers narrowly escaped 
being imprisoned for long terms as punishment for their joint crime at Sand 
creek, and were bitterly censured by the War Department. This is a matter 
of official record at Washington, D. C, where also forty pages of the records 
are devoted to the military achievments of Major E. W. Wynkoop. 

As a side incident, let it be added that afterwards Captain Soule was 
murdered, after testifying against the Third regiment at Denver. Wynkoop 
caused the arrest of the assassin later and sent him to Denver for trial; but 
his custodian, Lieutenant James Connor of the First Colorado volunteers 
was poisoned to death in his bed and the prisoner was aided to escape. 

Having become disgusted with the conduct of these matters in Colorado 
and the war being practically ended, Wynkoop resigned from the army on 
July 11, 1866, and proceeded to Washington, D. C, to confer with President 
Andrew Johnson, successor of our martyred Lincoln. 

Senator James R. Doolittle accompanied him and urged the President 
to appoint him agent for the Cheyenne and Araphaoe Indian tribes. Johnson 
demurred, desiring to retain him in military service, and offering him a 
commission as captain in the regular army. This Wynkoop refused, explain- 
ing that he had no desire to be a soldier in time of peace, and that he believed 
himself able to do much in the settlement of the vexatious Indian problem 
if appointed to the position he had applied for. At last President Johnson 
agreed to do this, and shortly afterwards Wynkoop was sent to Fort Larned, 
Kan., to enter upon his new duties. 

His success with his charges, after they understood that he desired to 



78 



Kansas State Historical Society. 



deal with them justly, was brilliant; so much so that his fame in that respect 
was well known throughout the East, and he was even invited to deliver an 
address at Cooper Institute, New York City, on the Indian question, follow- 
ing his resignation as Indian agent. This he did, and some of his ideas there 
expressed have since been in constant use in dealing with agency Indians. 

He resigned as Indian agent in 1868 and went to Pennsylvania to engage 
in the iron-making business with his brother John, an ex-colonel of a 
Pennsylvania war regiment of brilliant record, as partner, and was almost 
immediately successful. This good fortune continued until the panic of the 
early '70s struck the country, ruining thousands of prosperous business 
concerns, when he and his brother suffered the common fate of the unfor- 
tunate of that dark financial period. 

A struggle for existence ensued with him, and at length he joined the 
general rush then being made into the newly opened Black Hills gold country 
during the year 1874. He fought his way to Custer, S. Dak., through hordes 
of Sioux Indians, after having been wounded during an attack made by the 
savages upon his party. At Custer he was unanimously elected to the com- 
mand of a body of three hundred rangers just raised there, with "Jack" 
Crawford, the "Poet Scout," as second officer. After some service in Indian 
fighting for the Custer city people he traveled onward to famous Deadwood 
city, and there took up a mining claim that yielded him a fair living. This 
claim, the Lulu Lode, he later disposed of for a moderate price, and it after- 
ward became a famous producer. He then entered the service of a Dead- 
wood newspaper and started east in an endeavor to improve its business. 

At that time the Custer massacre had just occurred, but the Black Hills 
people did not hear of it until a month later, although so close to its location. 
The roving bands of Indians had made communication with the outside 
world so unsafe as to temporarily paralyze it. Again, through peril, Wyn- 
koop and four companions made their way slowly, the party having many 
startling and queer adventures, and at last floated down the Missouri river 
on a raft to civilization and safety. 

After reaching Pennsylvania, feeling that return to the Black Hills was 
inadvisable, Wynkoop went from one employment to another up to the time 
of his appointment as United States timber agent for Colorado in 1882. 
This district he held for some time, then was transferred to the district 
embracing New Mexico and Arizona, with headquarters at Santa Fe, New 
Mexico. Although his services were satisfactory in every respect, he was 
superseded by a new appointee on change of administration at Washington. 

In 1890 he was appointed warden of the territorial penitentiary for New 
Mexico by Governor Prince of that territory, giving entire satisfaction during 
his term of service. However, some time in 1891 he was superseded, during 
the temporary absence of the governor, by a new appointee of a partisan 
board of penitentiary managers. 

During Wynkoop's residence in New Mexico he had been appointed 
adjutant general of the territory, and was elected commander of Carleton 
Post, Grand Army of the Republic, and also department commander for the- 
southwest district of the Grand Army of the Republic in 1884. 

Major Wynkoop died September 11, 1891, at the age of fifty-five years, 
leaving a widow, three daughters and five sons. He is buried in the National 
Cemetery at Santa Fe, N. M. Throughout the southwest, and as far north 



Edward Wanshear Wynkoop. 



79 



as Montana and the Dakotas, newspapers mentioned his decease and fol- 
lowed with praise of his character and achievements; the least said about 
him by the most frugal of word in this respect being that he was honest, 
brave and loyal to the core. 

Possibly he was less honored in this manner in Denver than by other 
communities that had intimately known him — Denver, the city he had 
named, 9 which he had ever loved, and whose unworthy and unjust elements 
he had ever fought the hardest against. 

A street is named after him there, the only honor vouchsafed him, but 
numerous attempts have been made to even blot his name from the city's 
map; so far without success. 

Rancor dies hard, but love is immortal, after all! 

A comrade, Captain Jack Crawford, has expressed this love in a beautiful 
poem — one of those emanations from the muse of poetry into which she 
has breathed her own eternal life and undying spirit. Reading it, I am satis- 
fied with all that I have written above. 

In Memoriam— Ned Wynkoop. 

A golden chain, whose never dimming luster 
The roseate warmth of comrade love revealed, 
Bound close the hearts of two who oft did muster 
'Neath Union's flag, upon the tented field. 
They fought in widely separated regions; 
One on the grand Potomac's battle breast, 
The other battled with the redskin legions 
And equi-fearless Southrons in the west. 

When the white dove of peace, with downy pinions, 
Sailed o'er the heads of late contending foes, 
And all the Southland's poor, mistaken minions 
Lay crushed beneath the Union's heavy blows, 
These comrades met far out amid the mountains, 
And each fell captive to that chain of love, 
While from their hearts, in clear, unsullied fountains, 
Flowed friendship pure as if from heaven above. 

Oft clasped their hands in true fraternal greeting, 

When life's tide threw them in each other's way, 

And love was stronger at the final meeting 

Than 'twas before their heads were touched with gray. 

They parted — in their hearts there was no presage 

Of what hung o'er one comrade's loyal head, 

Till to the other came the woeful message, 

On swift electric wings, "Ned Wynkoop's dead." 

For one dark hour that golden chain seemed broken; 
My stricken heart was rent with keenest pain; 
And loud I cried to God to send a token 
That he I loved on earth would live again. 
Then came a voice, "That chain is yet unriven; 
New links are added — links of holier love — 
It reaches now from earth to highest heaven — 
From your bruised heart to comrade's heart above." 

— Capt. Jack Crawford. 



Note 9. — While Major Wynkoop and his family were living in Denver, Miss Denver, a 
daughter of Governor J. W. Denver, visited them to express her appreciation that so beautiful a 
<rity should bear her father's name. 



80 



Kansas State Historical Society, 



BIOGRAPHICAL SKETCH OF JOHN NELSON 
HOLLOWAY. 

Written for the Kansas Historical Society by his grandson, George Whittier Johnston, 

of Carancahua, Texas. 

JOHN NELSON HOLLOWAY'S grandfather, Joseph Holloway, was an 
Englishman, who first settled in Worcester county, Maryland, but after- 
wards moved to Delaware. He was a Quaker. He married a Miss Rebecca 
Holloway and as a result of this union there were nine children five boys 
and four girls. The boys were Joseph, Ebenezer, Kendal, Henry and 
Joshua; the girls, Hannah, Martha, Fanny and Nancy. Joseph Halloway 
himself and his wife and children were physically very large and strong. 




JOHN NELSON HOLLOWAY. 



Joseph Holloway, sr., died when his son Joseph was twelve years old, and 
left an estate of $20,000, part of which consisted of slaves Of this estate 
Joseph, jr., received only $260, and was bound out to one of his brothers-in- 
law, who, he soon learned, was charging him with his board and lodging 
which he was in reality earning. He therefore determined to run away, and, 
accompanied by another brother-in-law, finally arrived at Ross county, 
Ohio. Here, at the age of twenty-one, he met and married Miss Sallie With- 
erly Timons. Miss Timons' mother was of Irish descent, and her father 
English. Her parents had come from Maryland to Ohio. Joseph, jr., and. 



Biographical Sketch of John Nelson Holloway. 81 



his wife had eleven children, four boys and seven girls. The names of the 
boys were John Nelson, Orson, Volantine and Joseph H; the girls' names 
were Elizabeth, Rebecca, Mariah, Samantha, Sarah Ann, Mary and Hannah. 
Rebecca, the oldest of the children, never married. Elizabeth married Spen- 
cer Haigh. Mariah married David Archibald. Orson, a youth of brilliant 
mental abilities, died of consumption at the age of twenty, while in his senior 
year at Asbury College (now De Pauw University), Greencastle, Ind. Sa- 
mantha married John Johnston. Sarah Ann married Charley Brooke, a 
minister. Joseph H. graduated in law at Asbury College and settled at 
Fort Dodge, Iowa, where he acquired a splendid practice. He went to war, 
however, and after seeing service at Norfolk, Va., died of camp diarrhea. 
Mary married George Green. Hannah married Daniel Tyndall. Volantine, 
having lost his hearing after a spell of sickness, attended the Indianapolis 
Deaf and Dumb Institute, where he made such progress that he was ap- 
pointed one of the instructors. Before he could take up his duties, however, 
he died of consumption. 

At the time of his marriage with Miss Timons, Joseph Holloway owned 
about sixty acres of land in Ohio. Many of his friends having gone to Indiana, 
he determined to follow their example, and accordingly in 1832 moved there 
with his family. He went direct to Lafayette, Ind., and after prospecting 
around a bit bought one hundred and sixty acres of land for $2.50 an acre. 
The land "was located about thirteen miles from Lafayette, in what is now 
Tippecanoe county. There was a small village about two miles away, in 
Warren county, called Milford. Milford is now known as Green Hill. Four 
years after his first purchase he bought the adjoining hundred and sixty 
acres of land, and later eighty acres more. 

It was here on this farm that John Nelson Holloway was born, on March 
9, 1839. Of his boyhood little is known, and the first definite account we 
have of him is found in his diary, which states that he spent two years at 
Thorntown Academy preparing himself for the sophomore class at Asbury 
College (De Pauw University). 

After entering Asbury, in 1859, he found himself much discontented be- 
cause he compared so unfavorably with others of his age in the classroom, 
and because of a lack of congenial friends. Although he studied constantly 
during the day and far into the night, he could not, he says, compete with 
the geniuses there who froliced half the night, and then after a cursory glance 
at their books the next morning went to class and made a better recitation 
than he. To add to his discomfort, his uncouth manners made him very ill 
at ease in society, so that altogether he was not much impressed with the 
advantages that Asbury had to offer him. 

After the first year, however, he began to make friends and feel more at 
ease. The second year he taught a common school at New Richmond, Ind., 
returning about four weeks before the close of the session at Asbury to pre- 
pare himself for the examinations covering the year's work. It was while 
he was teaching at New Richmond that he first took out license to "exhort," 
as he expresses it. He had expected to spend the summer at Asbury, but 
about this time the war fever broke out, and in company with some other stu- 
dents from Asbury, he went to Indianapolis, Ind., to volunteer. He found 
however, that few volunteers were being accepted, so rather than disappoint 
some of the others who wished very badly to go, he did not volunteer. 

—6 



82 



Kansas State Historical Society, 



The following summer he spent at home. He made two attempts to join 
the army that summer, but always found too many ahead of him, so he at 
last concluded that he was destined never to serve as a soldier. He was 
right in this conclusion, for, although he made two other attempts later on, 
he was always rejected, or something came up to prevent his acceptance. 

In the fall of 1860 he began to cast about for a situation as teacher, for 
after his first year at Asbury his father decided that he had had enough school- 
ing, and refused to send him any longer. Finally he secured a position as 
teacher at Wesley Academy, in Montgomery county, Indiana, near Wayne- 
town. Here he confesses that he had an easy time of it, studying all his 
spare time, and having to teach but six hours a day. He also preached 
nearly every Sunday, lectured to the school every month, and occasionally 
made a patriotic speech in behalf of his country. He went to Asbury after 
school closed and passed the examinations there with ease. 

In 1861 he again secured a position at Wesley Academy. In the spring 
of 1862 he became engaged to one of his pupils at Wesley, a Miss Henrietta 
Hall, who, however, was a year older than he. On June 26, 1862, he gradu- 
ated from Asbury College, and on July 1 married Miss Henrietta Hall. He 
taught, as principal of Wesley Academy, from 1862 to 1863, and in the fall 
of 1863 entered the Northwest Indiana Methodist conference. In 1864 he 
traveled the West Lebanon circuit of this conference, and in 1865 the Laporte 
circuit. For some time prior to this Mr. Holloway had been quite convinced 
that his mission in life was to spread the gospel, and he worked very hard to 
succeed as a minister. But when at the close of his year on the Laporte 
circuit the presiding elder informed him that his services would not be re- 
quired another year, and when his salary was not forthcoming by nearly a 
hundred dollars, his zeal for the profession considerably lessened, and he 
began for the first time to doubt his fitness for the ministry. At length he 
decided to quit it for good and all. In September, 1865, therefore, he ac- 
cepted a position as teacher at the Northern Indiana College, at South Bend, 
Ind. The principal of this school being very high-handed in his dealings 
with the teachers, and allowing them absolutely no voice in the government 
of the school, Mr. Holloway at length asked to be released from his contract 
to teach. This was done, whereupon Mr. Holloway immediately set up a 
private school of his own. As he was very popular with the students, he 
soon had a school with five times as many students as the Northern Indiana 
College. Despite his success here, he was not satisfied, and finally yielded 
to a desire to go to Kansas. Accordingly, in the fall of 1866, after resigning 
from the Northwestern conference, he went to Kansas, stopping first at 
Lawrence. Failing to secure a school there, he went to Ottawa, where he 
was engaged to teach. 

Mrs. Holloway joined him at Ottawa, and he built a little house on a lot 
he had purchased there. But their stay was destined to be a brief one, for 
in 1867, shortly after the school at Ottawa closed, Mr. Holloway determined 
to write a history of Kansas, and as he saw that in gathering the material he 
would have to spend much of his time in Topeka, he decided to move there 
with his family. 

The story of how Mr. Holloway conceived the idea of writing a history 
of Kansas, of his prosecution of that design, and the description of the dif- 
ficulties he met with and overcame, are best told by him. I now quote ver- 
batim from his diary. 



Biographical Sketch of John Nelson Holloway. 



8B 



"Since I last wrote in this book [the diary] my entire time and energies 
have been devoted to the ' History of Kansas. ' I will now tell of the origin, 
prosecution and consummation of this design. 

"While boarding at Mr. Whetstone's, at Ottawa [Kansas], one Sunday 
afternoon the idea entered my head, Why has not Kansas a written history? 
At first I thought perhaps she had; so I wrote to several leading men of the 
state inquiring about the matter. I learned from them that Kansas had no 
written history and that they would be glad to see some individual under- 
take the work of preparing one. I continued to nurse the idea, to examine 
the features of Kansas history, whether such a book would pay, and espe- 
cially whether I could succeed in writing and publishing such a book. I finally 
decided, as my way in other directions seemed hedged up, to make the at- 
tempt — to run the risk. I stated the reasons why I came to Topeka in the 
previous chapter [to better enable him to gather the data for the history]. 

"The first great difficulty, and I may say the last and only difficulty, 
from beginning to end was the want of means. I had not more than $25 in 
money to my name. I formed the plan of borrowing $200 of father to begin 
with, and afterwards I hoped to pay my way selling books. I made the ap- 
plication of father for the money and it was granted. I wrote for the agency 
of Greeley's 'History of the American Conflict,' which I obtained but 
never did anything with. This money enabled me to begin. But it was not 
long before I saw that I must cast about for a livelihood, for my money 
would soon all be gone. I then procured a life insurance agency and went 
to Lexington, Mo., to operate. I was gone about five weeks and spent about 
$40 more than I made. But I learned much of the Missourians, and gathered 
items that were of assistance to me in writing. I returned home almost 
penniless. My case was a desperate one. I would have taught, but no 
school could then be obtained. I could not obtain more aid from father, 
and yet aid I must have. I therefore sat down and wrote to my brothers-in- 
law, William Nagle, D. Archibald and C. A. Brooke. From the latter I 
obtained a favorable response. By mortgaging my lots at Ottawa I obtained 
a loan of $500. This was what I wanted, and with it I went to work in earnest. 
I knew that it would last me until I could get the main part of the work 
written, and then I hoped in the fall to get a situation as teacher in the public 
schools here. The cost of publication was yet to be provided for. 

"I therefore spent the summer in gathering material and in writing. I 
traveled over a good part of the state, visited many of the early settlers and 
principal actors in the scenes described, secured files of old papers, official 
documents, etc. The writing was a tedious and laborious task. I generally 
wrote from ten to fifteen pages per day of original matter. I began writing 
about the first of June, and finished the first of October, though I spent some 
of the interval in gathering material. At the proper time I made my applica- 
tion to the board of directors for a situation as principal of the public schools 
in this city [Topeka]. An examination of the applicants was held, but on ac- 
count of the partiality and injustice of the examiners I failed to secure a 
proper certificate. The partial course pursued by the examiners was too 
flagrant to pass unnoticed, so the directors ordered a new examination before 
a new committee of examiners. Before these I and one other man made our 
appearance. I passed examination in all the studies, but my competitor 
only passed in the lower branches. Notwithstanding this he was elected by 



84 



Kansas State Historical Society. 



voting for himself, he being one of the directors. So I failed to get the posi- 
tion. 

"I determined then to publish my history at once if possible. But how- 
could I do such a thing without money, and money I had not. I wrote to 
publishers, got their terms, and ascertained the cost. It became evident to 
my mind that if I ever published the book at all it would be by the assistance 
of others, and that I could probably never more easily secure that than at 
that time. I concluded to make a final and earnest appeal for help. I wrote 
to father a most feeling letter, entreating aid for the last time. He replied 
that he did not know if he could raise the money desired, but would see about 
it. The reply I felt to be favorable though not decisive I felt that I could 
succeed. I therefore at once set out for Indiana, with my little daughter 
May 

"On arriving at home I met father on the road this side of the house. He 
seemed glad to see me, and at once said he had written to Archibald for some 
money, and had spoken to Brooke, who had promised $300. I felt that all 
was safe. 

"But home comes Vol [his brother Volantine] that night from Brooke, 
with a letter opposing father's assisting me. I heard Vol reading it from my 
bedroom. I heard them conversing about the matter. I determined that 
before the letter should have much effect upon their minds and decide their 
plan, I would see them and remove the effects the letter was calculated to 
produce. With the comforters wrapped around me, I arose and went into 
the other room where my parents were. I then explained matters; told them 
I had no desire to run them into debt; that I felt confident of meeting all my 
obligations, and stated plainly my financial condition. It was a critical time, 
and I felt that all might yet be lost. Father, however, said, " Go to bed, and 
the assistance shall be given." This was decisive, and I felt again that all 
was safe. 

"The next day we went to Lafayette [Indiana], I with the purpose of go- 
ing to Cincinnati to put my book in press. While in Lafayette, having a few 
spare moments, I called in the Journal office [the Lafayette Morning Journal, 
2l newspaper still in existance there] and ascertained their prices. Knowing 
Cincinnati prices, I found that at Lafayette I could get the work done some 
$300 cheaper and on more favorable terms than at Cincinnati. So I made a 
contract with them. Having a ticket to Cincinnati, and desiring to see 
about engravings, I went on to that place. After visiting a number of ar- 
tists, among them Mr. Jones who engraves for the Repository, and also the 
chief book establishments, I returned to Lafayette. On arriving at the latter 
place I found that the Journal company were unable to fill their contract for 
want of the means of stereotyping. For a time it seemed that the whole 
project must fail; the Journal company unable to fill their contract; I un- 
able to comply with the terms of the publishing houses elsewhere, who wanted 
all cash. My prospects grew gloomy, indeed. I felt that there was but one 
course left, and that was to change the contract with the Journal company 
so that they could fill it, and at the same time gain some advantage for so 
changing. This I did, and obtained the contract with less cash and upon 
longer time. Thus things were fixed, and type for my first book began to 
be set up. 

"For several weeks everything lingered — paper was delayed and new 



Biographical Sketch of John Nelson Holloway. 85 



type had to be procured, hands would leave, and this thing and that thing 
prevented a vigorous prosecution of the work. It was to have been out by 
the first of December, but did not get out until the middle of that month. 
I boarded at home most of the time, riding in to town and back again every 
day. About the middle of December, the last page having been printed, I 
started home. Upon the next page will be found a summary of the expenses 
attending the preparation of the "History of Kansas"- 



Cost of preparing copy, about $500.00 

Paper, setting type, printing, etc 1,594.00 

Engravings (cuts, etc.) 240.00 

Binding 1,030.00 



Total $3,364.00 

Traveling expenses 100 . 00 



$3,464.00 

"After the book was published came the selling. I put it in market under 
the most adverse circumstances. Times grew tight, money was scarce, and 
people here were busy about paying their taxes. It was in the winter time, 
when few were making much money. 

"I first put notices of the publication in the leading papers of the state, 
calling for agents, etc. Agents in several of the principal towns were easily 
secured. The legislature met, and I sold books to the members, while agents 
did the same. In this way I gathered in about fifty dollars a week. After the 
legislature adjourned I purchased a horse and buggy and started out to sell 
books and establish agencies. I have been out driving the past three weeks and 
sold over two hundred dollars' worth, and established a number of agencies. 
People look with surprise upon me as I tell them or they learn from others 
that I am the author. I learn many things that will be of advantage to me 
in preparing my second edition by traveling and mingling among the masses. 

"I am now making every effort to pay my debts, and I hope to succeed, 
though I do not sell so fast as I expected in consequence of the exceedingly 
hard times. I am involved now about $2500, and am resolved to pay out." 

"Bourbon, III., Jan. 11, 1869. 

"Again I take up my pen to record the chain of events that marks my 
life's experience thus far. 

"I spent the past summer in selling my book. I bought me a horse and 
buggy, in which I traveled from town to town in different parts of the state 
where I would spend a few days, sell all the books I could, appoint a local 
agent, and then pass on. In this way I visited almost all the towns in Kan- 
sas, At night I would camp out', do my own cooking, and sleep in my buggy. 
During the day, while traveling, I would shoot game sufficient for my meat. 
The grass on the prairie furnished nice grazing for my horse. I would lariat 
him out and let him enjoy it. In one of these expeditions Etta [his wife] 
and the children accompanied me. They enjoyed it finely 

"I shall never forget my rambles as a book peddler. Though a hard 
life, I found much enjoyment in it. I succeeded in selling quite a number 
of books, but by no means succeeded as I hoped. Money was too scarce. 
I have succeeded, however, in paying off about $1000 of debt. 



86 



Kansas State Historical Society. 



"After having traversed Kansas all over, I concluded to go east to sell 
books. So we sold off all our household goods, put my business in as good a 
shape as possible, and then started for Indiana. My family stopped at my 
father-in-law's while I went on to Lafayette. Here I tried to sell books in 
Lafayette, but could not effect much. The Journal company was very 
anxious for some money on binding, but I determined not to pay them any- 
thing, as they had done the work so poorly. I am confident that the poor- 
ness of the binding damaged the sale of the books far more than the cost of 
the same. Archibald was insultingly urgent for the payment of what I owed 
him. Being pressed on all sides mostly, I determined to retire to Illinois, 
partly out of disgust and partly to await developments. If the Journal 
company sued I intended to offset their claim by damages. On going east 
I felt that the company would not likely send me more books without pay- 
ment for same. After looking around for a week I obtained a school at 
Bourbon. I found it was late to look for a school and difficult to get one, I 
being a stranger." 

The school at Bourbon paid Mr. Holloway $75 a month. When this 
school closed he went to Normal, 111., to study the methods of teaching that 
obtained there, taking his wife with him. After renting a house he was 
ready to pursue his studies. But his money was nearly all gone, and it be- 
came necessary to devise some means of obtaining enough to live on. At 
length he hit upon the novel scheme of selling little bottles of cement for 
mending furniture and glassware. He made the cement himself, according 
to a formula found in that celebrated work and old-time favorite, "Dr. 
Chase's Recipes. " He managed by this means to get along very comfortably, 
selling from $2 to $3 worth of cement an afternoon after school hours, and 
when he had a whole day at his disposal making from $5 to $6. Indeed so 
successful was he in his sales that he canvassed other towns in the state, such 
as Peoria, Decatur, Galesburg, etc. 

In July, 1870, Mr. Holloway started out to look for a position as a teacher. 
In his search he visited many towns, and at length received word that he 
had been engaged at Pana, 111., at a salary of $1200 a year. He was to be 
principal of this school, and, as it was his first graded school, he entered 
upon his work with "fear and trembling." The value of his study of the 
methods used at Normal, and the advantage he had taken of the large col- 
lection of books on education in the library there, were now of inestimable 
benefit to him, and he handled his seven assistant teachers and 350 pupils 
with little difficulty. Although very popular with the student body at Pana, 
the directors took a dislike to him, and seeing that there was no chance of 
securing the school again, he obtained the principalship of a school at Cen- 
tralia, 111. 

At this time in his life we find Mr. Holloway telling us in his diary that 
he feels himself greatly changed mentally. In order to understand and ap- 
preciate this change it is necessary to remember that in his youth (as his 
diary tells us) he was very ambitious, that he was fully convinced that his 
true mission in life was to be a servant of the Lord, and that in trying to 
lead what he imagined a true Christian life he puritanically reproached 
himself for the most insignificant lapses of conduct. Now, at the age of 
thirty-one, his ideas have, as he tells us, greatly changed. He confesses that 
he no longer thinks about his future success, but is now content to remain 



Biographical Sketch of John Nelson Holloway. 



87 



an unknown man; and that, being no longer so solicitous for distinction, he 
has determined to "adjust himself to circumstances and live along as pleas- 
antly as may be." As for religion, he questions some of his former beliefs, 
and says: "I once was settled and established in the orthodox faith, but 
now I am somewhat unsettled. I once thought that I enjoyed religion, but 
I am quite sure that I do not now, and am disposed to doubt the religion I 
once had. I feel that I am drifting in opinion toward deism. It does seem 
to me that if any one wanted to be a good Christian in word and deed it was 
I in my earlier years. Yet I know of none who have made so great a failure. 
I am not now trying to live conscientiously, and I believe I have succeeded 
in living more nearly correctly than I used to." 

In 1869 Mr. Holloway joined the Masons, and became so greatly inter- 
ested in the order that he passed through nearly all the degrees. 

Mr. Holloway held his position in Centralia for two years, and for the 
first time since he published his "History of Kansas" found himself out of 
debt. His history cost him three years of unproductive labor. After teach- 
ing two years at Centralia he secured a school at Chester, 111., at a salary of 
$1400 a year for himself and his wife, who assisted in the teaching. This 
was in the fall of 1872. By this time Mr. Holloway was growing very tired 
of roving from one place to another in search of schools. Consequently, 
when, in the summer of 1873, J. Perry Johnson, a lawyer who enjoyed a fine 
practice in Chester, offered to take him in as a partner in consideration of 
$700, he accepted. On July 1, 1874, the contract of partnership, which was 
to last for five years, was signed. Although Mr. Holloway had, of course, 
no license as yet to practice law, still he made about as much money as if he 
had had one, since all the business of the firm was transacted in Mr. Johnson's 
name. Mr. Holloway had reason to congratulate himself upon his venture, 
for he found the law financially successful, and not nearly so confining as 
teaching had been, nor so monotonous. 

In January, 1875, Mr. Holloway went to Springfield, 111., where he passed 
the examination for entrance to the bar before the supreme court of Illinois, 
and received his license to practice law. He was now making about $1500 a 
year. But about this time his partner, Mr. Johnson, decided to dissolve the 
partnership, and, this having been done, it became necessary for Mr. Hol- 
loway to decide whether he would locate in Chester permanently or go else- 
where. He desired, he says, to locate somewhere and spend the remainder 
of his days in building up a good practice. 

Meanwhile Mr. Holloway's father, Joseph Holloway, had died in 1874, 
and left by his will a life estate in his farm of 320 acres to his wife, or so much 
thereof as she should require for her support, with remainder to his son, 
John Nelson. 

After the dissolution of the partnership Mr. Holloway moved to Danville, 
111., where he practiced law very successfully for five years. His mother, 
urged by her daughters, who had received only $500 each from the estate of 
their father, now began to complain of the provisions of the will. At length 
she instituted suit for partition of her third of the land, but Mr. Holloway 
finally effected a compromise with her, and that suit was withdrawn. He 
agreed to pay her an annuity of $500 during her life in consideration of her 
relinquishing her life estate in the land to him. When this arrangement had 
been made, he concluded that it would be best to give up his practice in 



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Kansas State Historical Society. 



Danville and move on his farm in Indiana. He made the change in the year 
1880, and remained there until his death, in 1887. He prospered at farming, 
but it was not as lucrative, perhaps, as his practice in Danville would have 
been. He practiced law in Indiana to some extent, but did not make a busi- 
ness of it. 

John Nelson Holloway was shot by one Isaac Downs on April 12, and 
died of his wounds just a week later, April 19, 1887. The Incidents leading 
up to the shooting were as follows: 

For some years this Isasc Downs had farmed forty acres of land, to which, 
as he well knew, he had no title. The title to the land lay in a number of 
heirs, who were scattered all over the country and whose names and ad- 
dresses were almost totally unknown to the people living near Milford. Mr. 
Holloway, believing that he could secure this land at a bargain if he could 
ascertain the names of all the heirs, decided to make an attempt to hunt 
them up. His wife and daughter made every effort to prevent him from 
carrying out this plan, pointing out that Downs would be sure to make 
trouble. Their fears were certainly justified, for Downs had a reputation 
throughout the country of being a bad-tempered bully, who was always in 
a fight, and of whom his family stood in mortal fear. Mr. Holloway, how- 
ever, laughed these warnings aside, and managed, after a year's correspond- 
ence, to locate all the heirs and secure a deed from each one of them. Most of 
the heirs had known nothing of their right to the land, and were very glad to 
receive the amount Mr. Holloway offered them for their shares; it was like 
finding it. So, at small cost but considerable trouble, Mr. Holloway at 
length became the owner of this forty acres of land. When his title to the 
land was fully perfected he informed Downs of his purchase; but Downs 
said he didn't care who had title; he had always farmed that land and al- 
ways expected to, and would shoot any one who attempted to prevent him. 

Now thirty-seven acres of the forty were located across the road from 
Mr. Holloway's land, while the remaining three acres formed a triangular 
plot of ground immediately joining that of Mr. Holloway. A few days after 
his conversation with Downs, Mr. Holloway and his son Joseph went to the 
triangular piece of ground to plow. Downs appeared shortly afterwards 
and told Mr. Holloway that he could not farm the land. Mr. Holloway re- 
plied that he owned it, and certainly expected to farm it whenever he pleased; 
whereupon Downs said that if Mr. Holloway was in the field when he came 
back from dinner he would shoot him with a gun he intended to bring along. 
Mr. Holloway continued plowing until dinner time. Leaving the plow in 
the field, he went to the house for dinner. He mentioned Downs' threat, 
and his wife and daughter entreated him not to go back to the field again. 
But they could not persuade him; he was convinced, he said, that Downs 
was merely bluffing, and was too cowardly to shoot. 

When he had finished his dinner, Mr. Holloway, accompanied by his son, 
set out for the three-acre field. He took a shotgun with him, but left it out- 
side of the fence that enclosed the field. They had not plowed long before 
Downs appeared, accompanied by his three sons. Downs ordered Mr. Hol- 
loway off the field. Upon his refusal to go, Downs began cursing him and 
said that unless he went within a minute or two he would kill him where 
stood. Mr. Holloway now, for the first time, began to realize that Downs 
was in earnest, and knew that he intended to shoot. He called to his son 



Biographical Sketch of John Nelson Holloway. 



89 



Joe to run and get the gun, which was still on the other side of the fence 
where he had first placed it. The distance to the fence where the gun was 
was about thirty yards. Just as Joe reached the fence he heard a shot and 
saw his father stagger. He now had the gun in his hands, and fired it. Ap- 
parently he aimed at no one. He did not realize that he had shot. Probably 
in the excitement he fired it without knowing what he did. At any rate, 
his father had been shot by Downs with a shotgun. Mr. Holloway was shot 
in the breast, Downs being but a short distance away. 

Mr. Holloway died just a week after being shot, April 19, 1887. Only his 
wonderful pyhsique enabled him to live that long. Although unconscious 
part of the time, his mind remained clear until the last. He realized from 
the first that he could not live, and quietly directed what should be done. 

He was buried at Armstrong cemetery, in Warren county, Indiana, four 
miles from his farm and two miles from Green Hill. 

Isaac Downs was disowned by his family after the shooting. He was 
convicted of manslaughter and sentenced to the penitentiary. He died 
recently in the poorhouse. 

A few words as to Mr. Holloways' personal appearance, his traits of char- 
acter, and his wife and children, will not, I presume, be amiss. 

Mr. Holloway was a little over six feet two inches tall, and in his younger 
days quite slender. As he grew older he broadened out and became heavier, 
though he was never very fleshy. After his marriage he grew a beard, which 
was very black and which he wore the remainder of his life. He had black 
hair and gray eyes. He was possessed of remarkable strength, of which, 
however, he appeared unconscious. By this I mean that he did not seem to 
realize that he was stronger than other men. Indeed, he measured every- 
body's physical capacities by his own, and expected them to be able to do 
as much as he could. His son Joseph says he once saw his father carry a 
fair-sized hog, which was struggling fiercely, to the house, nearly a mile 
away, without once stopping. Physicians who examined him at his death 
state that he was the most superb specimen of manhood they had ever seen. 

Mr. Holloway was of a very energetic nature, and took great delight in 
accomplishing things through his "own exertions." When he first moved 
to his farm he built a smokehouse, chimney and all, which was somewhat 
one-sided on account of its being his first attempt at that sort of work, but 
which he always regarded with pride because he had made it by his "own 
exertions." In fact, he was continually engaging in projects of this kind: 
He papered his house he bricked up a well, and knew nothing about doing 
either; but the less he knew about doing a thing the more eager he was to 
do it, and he stayed with it until he had won out. He was in all things a 
very rapid worker, and having once made up his mind lost no time in car- 
rying out his plans. 

He had a fine sense of humor, was of a very sociable nature, and loved 
to play jokes upon people and get them into embarrassing predicaments. 
Nothing pleased him better than to pounce upon some bashful youth of the 
neighborhood who had come to see his daughter, and pretending that he 
believed he was the object of the visit, seat the unlucky young man in a 
corner and talk the entire evening to him. He was quiet, good-natured, 
took things easily, and was slow to anger; but once aroused, was terrible in 
his wrath. 



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Kansas State Historical Society. 



Mr. Holloway sent his daughter Etta May, who had developed con- 
siderable talent in music, to a conservatory of music in Cincinnati, where 
she graduated. He sent his son Joseph to Purdue University, at Lafayette, 
Ind., but Joseph never graduated there, much to the disappointment of his 
father, who had great hopes of his proving to be a scholar. Had Mr. Hol- 
loway lived, his son John would also, no doubt, have been given a chance 
to acquire a college education. 

Mr. Holloway's wife, Mrs. Henrietta Holloway, lived with her daughter 
until within a year of her death, when she went to her son John at Darlington, 
Ind. She died of paralysis April 13, 1914. 

Three of Mr. Holloway's children are living now. John C, the younger 
son, lives at Darlington, Ind., is married but has no children. Joseph H. 
lives at Lafayette, Ind., is married and has three children — John Nelson, 
Charley Marshall, and Madge. The daughter, Etta May, married David H. 
Johnston in 1886, and has one son, George Whittier Johnston, the writer of 
this sketch. David Johnston died in 1894. About five years ago Mrs. Etta 
May Johnston married Dr. James A. Gray, of Lafayette, Ind. Shortly 
afterwards they moved to Texas, where they now reside. 



A DESCENDANT OF FREEMEN. 

Sketch written for the Kansas State Historical Society hy Captain Clad Hamilton, 1 of Topeka. 

CAPTAIN EDMUND BOLT WOOD descends from ancestry logically 
suggesting innate morality, determination of purpose, and unquestioned 
bravery — and with this he has certain elements of romance and poetry, 
which Puritanism has not submerged. The first of his line in this country 
was Robert Boltwood, "freeman." He reached Massachusetts in 1648. 
Note that he was "freeman." 

Two or three of the Boltwoods were killed fighting the Indians at Deer- 
field in 1704; others were officers and soldiers in the French and Indian 
War and in the Revolution. They were of the type of men who fought 
under Cromwell at Marston Moor — a stern, vigorous and unconquerable 
race. The old captain comes of fighting blood. 

He was born in Amherst, Mass., on September 5, 1839, the son of William 
and Electa (Stetson) Boltwood. He was just of the right age to be stirred 
by the idealistic and impassioned utterances of Wendell Phillips and Charles 
Sumner. When those sturdy New Englanders had fully made up their 
minds on the question of the right or wrong of slavery, they were not of the 
sort to inactively stand around and say "something ought to be done." 

Edmund Boltwood, able-bodied and twenty-two years old, was one of the 
young men who felt the springs of action. It is not surprising that we find 
him joining the first company raised in the neighborhood of his home in the 
latter part of August, 1861, and his records show that he was mustered 
into service as a private in company D, Twenty-seventh Massachusetts 
volunteer infantry, on September 20, 1861, at Springfield, Massachusetts. 

No doubt the young soldier, with many others much like him, worked 
diligently in "the school of the soldier" — marched, drilled, paraded, and 
ate cookies, apples and pies which were purchased from the sutler or given 

Note 1. — For biographical sketch of Captain Hamilton, see Kansas Historical Collections 
vol. 12, p. 282. 



A Descendant of Freemen. 



91 



to them by kind ladies in Springfield who admired the uniform. This could 
not continue always. The regiment was sent to join the Burnside expedition 
at Annapolis about November 1. It did not have long to wait before seeing 
something of real war. 

On February 6, 1862, it was engaged at Roanoke Island, and later at 
New Berne, Kingston, Whitehall and Goldsboro, N. C, in the spring, summer 

and fall of 1862. At Wise's Cross Roads, near 
Kingston, N. C, in May, 1863, young Boltwood 
was wounded in the leg by a bullet, which is 
still there. 

We know that Boltwood behaved well, because 
in November, 1861, he had been made a corpo- 
ral, and in September, 1862, he became a ser- 
geant. Now do not smile at the rank of sergeant. 
The sergeant has a peculiar relation to military 
history. The field rank of major came originally 
from the rank of sergeant-major, and the much 
more dignified title of major-general originally 
came from sergeant-major-general. This because 
a sergeant originally was a soldier who was sup- 
posed to technically understand his business as a 
soldier. 

On October 23, 1863, General Foster's bri- 
gade was sent to Newport News, Va., where 
young Boltwood reenlisted for three years. On 
December 7, 1863, he was commissioned as sec- 
ond lieutenant in troop C, First United States 
colored cavalry, then being newly formed. This 
cavalry organization was in various engagements. 

EDMUND boltwood. 0n 2 » 1864 > ^ f° u g nt at Chickahominy, 

where Lieutenant Boltwood had the advance. 
It was engaged later at Half Way House, Chester Pike, Drewry's Bluff, 
the Siege of Petersburg, Cabin Point and Suffolk. 

During May and June, 1864, Lieutenant Boltwood served as aide-de- 
camp on the staff of Colonel Garrard, commanding the First brigade, Third 
division, Eighteenth army corps, before Petersburg. This place, however, 
was not sufficiently active for him, and he was relieved, at his own request, 
to serve with troop E under Captain Emerson, which was engaged in keeping 
up the main telegraph line to Washington. This was on the south side of 
the river to James Island, where it crossed and went to Fortress Monroe. 

A curious story is told by Boltwood regarding a detachment of the 
Thirteenth Virginia cavalry. It was under the command of a private soldier 
who had formerly been a brigadier-general in the Confederate army. This 
was Roger A. Pryor, for many years after the war well known in this country 
as an eminent lawyer. In the early part of the war, while in command of a 
garrison, Pryor had lost an earthwork in a fight with Union troops. Being 
criticised and having some dispute with President Jefferson Davis, Pryor 
resigned his commission as brigadier-general and enlisted as a private. 

The contest between this energetic Union cavalry to keep the wire in 
operation, as against the equally energetic Confederates to keep it cut, 
made the life of the officers and men extremely lively on both sides. 




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Kansas State Historical Society. 



Later Boltwood was detailed as aide-de-camp on the staff of Colonel 
James Givern, commanding the Second brigade, Third division, Twenty- 
fifth army corps, and he held this until the brigade was broken up in October, 
1865. 

This in itself seems a considerable length of service. It did not, however, 
complete that of this descendant of the Ironsides. 

As is well known to most persons conversant with our history, France 
in 1863 had undertaken to secure a foothold in Mexico, and had in 1864 
placed Maximilian, Archduke of Austria, upon the throne as emperor of 
Mexico. About the end of our Civil War, Maximilian was engaged in a 
desperate struggle against the Mexican revolutionists, with Juarez at their 
head. 

It was the policy of our government to discourage the establishment of a 
monarchy on the American continent, and while this policy could not be 
very vigorously indicated during our own terrific struggles in the Civil War, 
no time was lost in expressing it at the close of the war by transferring a very 
fine veteran army to the Rio Grande under Sheridan. 

Sheridan is known as one of the most brilliant soldiers of that or any 
other time. His appearance at the head of an army on the Rio Grande was 
a powerful aid to the revolutionists, and a correspondingly effective dis- 
couragement to Maximilian and his supporters. 

To this army of the Rio Grande went Lieutenant Boltwood. In Novem- 
ber, 1865, he was assigned to the command of forty mounted men at the 
headquarters of Major General Godfrey Weitzel, commanding the Twenty- 
fifth army corps at Brownsville. He remained there until the 4th of Febru- 
ary, 1866, when he was mustered out with his regiment at Brazos, Santiago, 
Texas. 

Here closes the military service of the young New Englander in the war 
of 1861- '65 and the demonstration on the Mexican border of 1865- '66. He 
had gone out a private of infantry, and came home a Second lieutenant of 
cavalry. His battles were many and his experiences were wide. On Novem- 
ber 14, 1866, he was married to Kate W. Powers, of Amherst, Mass. 

Upon returning to civil life he was deputy sheriff of Hampshire County 
a short time, and in 1870 was census enumerator for the towns of Amherst, 
Granby, Hadley and South Hadley, Mass. 

In September, 1875, he moved to Kansas, and in 1880 was appointed 
city marshal of Ottawa, where he succeeded in making the prohibitory law 
the real thing. In 1882 he was appointed undersheriff of Franklin county, 
which position he held four years. In 1892 he was again appointed city 
marshal of Ottawa, and held the position for eighteen months. He has often 
expressed a regret at ever having held these positions. He was one of the 
kind of men who takes such places seriously and who performs the duties 
without fear or favor — which occasionally seems harsh to many people. 

During these periods he quite usually was connected with various military 
organizations. He was captain of company E, Second Massachusetts 
National Guard, 1869-1872; He was captain of company E, First Kansas 
National Guard, 1879-1889; also captain of the Ottawa Cadets for five 
years, and captain of the Uniform Rank of the Knights of Pythias. He 
was a fine drill master, and he was a valuable and efficient instructor of the 
fire department and various drill organizations of men and women during 



A Descendant of Freemen. 



93 



all the years of his residence at Ottawa. He has probably marched a greater 
number of miles in the drill of military and other organizations than any 
other man in the state. 

When the Spanish-American War opened, in 1898, the captain was fifty- 
nine years old. He was promptly and naturally picked upon as a man to 
command a company of infantry from Ottawa. This was assigned to the 
Twentieth Kansas under the designation of company K. From that time the 
writer's acquaintance with Captain Boltwood began. The regiment reached 
San Francisco. Company K was started in upon a severe and unrelenting 
course of military instruction. Everybody worked; everybody had to work. 
Nobody worked any harder than Captain Boltwood. The company was 
drilled early and late; it was well drilled. The captain was fond of his men. 
At times this regard for them was expressed in a peppery style. It may be 
remarked that the captain had not then, and has not since, lost any of his 
spirit or his energy. The exigencies of the drill ground occasionally caused 
him to depart from the strict phraseology of the Sunday-school room. It is 
possible that his original ancestors who came to Massachusetts would not 
have been altogether satisfied with the mode with which the captain oc- 
casionally expressed himself. They would never have had occasion to 
criticise any expression upon the ground that it lacked force. 

The regiment went to Manila on the transports. Company K was with 
a detachment that crossed on the Indiana. It left San Francisco on the 
evening of October 26 and reached Manila a little after midnight on the 
night of November 30, 1898. No very great activity can be indulged in on 
a transport. No doubt the captain dreamed of scenes appropriate to a 
descendant of soldiers. He probably read poetry. He was sometimes heard 
to quote from "Marmion" and the "Lady of the Lake." 

The life in Manila was simply one of preparation. The troops were 
uniformed, armed and trained for war. Only a match was needed to touch 
off a magazine of hostilities. "On the night of February 4, 1899, the match 
was lighted and the fight began. 

Thirty-three years to a day after his muster out at Brazos, Santiago, 
Tex., Captain Boltwood was directing the fire of his company upon the 
Philippine insurgents along the north line of Manila. The writer saw him 
by the light of the flashing rifles, and he seemed to lend additional force and 
energy to the fire by his presence and his example. 

Through the long night, with the fitful firing on both sides, you may be 
sure the gray-haired captain did not sleep, but was ever on duty and ever 
ready for the service which offered. The night seemed long to most of 
those who were unaccustomed to such events. When day dawned the 
firing continued, with some addition from the big guns of Dewey's fleet. 
Late in the day the American lines advanced and drove the Filippinos before 
them. The regiment spent the night at Gagalanguin. Several days were 
spent a little way from this village, and on the 10th of February the advance 
was made upon Caloocan. The fighting was ugly. At Caloocan the troops 
remained entrenched for nearly six weeks. Then came the advance upon 
Malolos, with the battles at Tuliajan river, Malinta, Polo, Macuayan, Bocaue, 
Marilao river, Guiguinto and Malolos. After some four weeks spent there 
the army again advanced and fought its way across the Rio Grande and 
Bagbag rivers. 



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Kansas State Historical Society. 



In all of these events Captain Boltwood bore an active and aggressive 
part, directing the movements and fire of his company with all of the energy 
and courage of youth. At the Bagbag river the activities of Captain Bolt- 
wood's company were very marked. General Funston, in his "Memories 
of Two Wars," refers to it as follows: 

"For half an hour the uproar continued, when I received orders from 
General Wheaton to seize the bridge. The attack on the structure could not 
be made to advantage by more than one company, so that I directed Cap- 
tain Boltwood to advance his company rapidly across the cornfield, the 
movement being covered by the fire of several other companies and the ar- 
mored train. The company selected went at its work with a vim, and closed 
in quickly, making the advance by rushes. . . As we came to close 
quarters the troops supporting us had to cease their fire, and for about ten 
minutes the situation was interesting, to express it mildly. The men of 
company K lay close to the ground just to the left of the north end of the 
bridge, and fought silently and hard. They had no breath left for yelling, 
and it was a poor time for it. Absolutely in the open, at seventy yards 
range, they were at a disadvantage against the men in the loophold trench 
on the other bank. But the enemy's nerve had been shaken by the severe 
fire he had been under for more than half an hour." 2 

The historical sketch in the Twelfth Biennial Report of the Adjutant- 
general, page 136, contains the following reference to the same fact: 

"April 25, active operations were again renewed, and the Twentieth 
Kansas, in conjunction with the First Montana, moved against the insur- 
gent entrenchments north of the Bagbag river. After a spirited shelling of 
the enemy's works by the armored train from a position one-half mile away, 
company K, under command of Captain Boltwood, advanced rapidly to 
the river and drove the enemy from their position." 

After this series of fights the American troops occupied San Fernando. 

After some weeks at San Fernando, the troops were brought back to the 
city of Manila, where they performed guard duty and remained in readiness 
for action until the second day of September, when they embarked upon 
the Canadian Pacific steamer Tartar, chartered by the government as a 
transport, for home. The homeward voyage was by way of Hongkong 
and Yokohama. The regiment landed in San Francisco on October 10, 1899. 
On October 28 the troops were mustered out. 

After his return to the state Captain Boltwood returned to the simple 
duties of a farmer and a citizen. His observation of public matters has been 
keen and his interest in them has never ceased. 

When the writer last saw him, at a regimental reunion in 1912, he walked 
into a hotel with the erect carriage of a young lieutenant of a cavalry corps. 
He was wearing several medals. (Be sure that he has earned them.) His 
military hat was slightly cocked, and he looked the soldier that he is by 
nature and by training. His cheeks were pink and there was no evidence of 
the thought of surrender to age or any other condition of nature. 

The question was asked: "Captain, how do you do it? You have the 
form, manner, action, and apparently the character of a young and vigorous 
man. You are over seventy years of age. Tell us the secret." 

He replied: "I see many men of my own age simply giving up and sitting 
around with nothing to do. I made up my mind that I would work and 



Note 2. — "Memories of Two Wars," Funston, p. 271. 



The Supreme Court of the State of Kansas. 



95 



hold my own as long as I had power to do it. I bought a little piece of ground 
where I could carry on a little farming. I have been at work there ever since. 
I am out of doors. I am interested in what I do. I can accept no position 
of dependency upon others, though my situation is such that I might easily 
do so. I enjoy life. I feel well." 

He recalls the character of Blucher, the great Prussian field marshal, 
who at seventy-two years did as much as Wellington to win the battle of 
Waterloo, and a vast deal more in pursuing the French into Paris. He was 
called "Old Vorwarts." So with Edmund Boltwood. His life has been 
forward. His character is such as makes our country great and strong and 
free. His character and his life are the winning of a battle. His age is an 
achievement. 



THE SUPREME COURT OF THE STATE OF KANSAS. 

Written for the Kansas State Historical Society by Edwin A. Austin, 1 of Topeka. 

THE SUPREME COURT of the state of Kansas, originally consisting of 
Hon. Thomas Ewing, jr., chief justice, Hon. Samuel Austin Kingman 
and Hon. Lawrence D. Bailey, associate justices, first met at Topeka on the 
28th day of October, 1861, in special term, at which, after placing on record 
the oaths of office of the members of the court, appointing and approving 
the bond of the first clerk of the court, Mr. Andrew Stark, adopting some 
short rules of practice and admitting a few attorneys, the court adjourned 
to hold its first session for the hearing of causes in January, 1862. 

The supreme court of the territory of Kansas, consisting of Hon. John 
Pettit, of Lafayette, Ind., as chief justice, and Hon. Rush Elmore, of Ala- 
bama, and Hon. Joseph Williams, of Iowa, as associate justices, had ceased 
to act as such after January 29, 1861, on the admission of Kansas by Congress, 
although the schedule of the constitution had provided that the judges of 
the territory, as well as all other officers, should continue "in the exercise of 
their respective departments until the said officers are superseded under the 
authority of the constitution." 

The journal and appearance dockets of the supreme court of the territory 
passed into the hands of the supreme court of the state, whose first proceed- 
ings are recorded in the unused pages of the journal of that court. The last 
record in the journal of any proceedings in that court is on January 11, 1861. 

The current appearance docket of the territorial supreme court, "ap- 
pearance docket B," was continued to be used for the first cases commenced 
in the supreme court of the state. "Appearance docket A" of the territorial 
court is not with the records in the office of the clerk of the supreme court 
of the state. 

Chief Justice Thomas Ewing, jr., and Associate Justices Samuel Austin 
Kingman and Lawrence D. Bailey had been elected at an election held on 

Note 1. — Edwin Atlee Austin, son of Major John Austin and Cyrena (Clark) Austin, was 
born in Lafayette, Ind., March 22, 1856. His early education he received in the public schools of 
Lafayette. His legal training began in the office of Hiram W. Chase, and later was continued 
in the law department of the University of Michigan. He was admitted to the bar in Lafayette 
on January 3, 1879. Mr. Austin came to Kansas the following April, settling in Topeka and 
beginning the practice of law. From 1883 to 1888 he was assistant in the office of the attorney- 
general, W. A. Johnston. Since that time he has been engaged in practice for himself, building 
up an enviable reputation as a lawyer. On April 21, 1886, Mr. Austin was married to Miss Augusta 
Clark. 



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Kansas State Historical Society. 



December 6, 1859, more than a year prior to the admission of the state by 
Congress, January 29, 1861. 

Under "An act providing for the formation of a constitution and state 
government for the state of Kansas," approved February 11, 1859, the 
Wyandotte convention framed the constitution, completing and signing the 
same on July 29, 1859. It was submitted to the people October 4, and rati- 
fied by a vote of 10,421 to 5530. 

The act under which the constitution was framed (chapter 31, Session 
Laws of 1859) had provided: 




JUDGE EDWIN A. AUSTIN. 



"Section 7. That in case the constitution, thus framed and submitted, 
shall be ratified by a majority of the electors of said territory, then an election 
shall be holden on the first Tuesday of December, A. D. 1859, at which state 
officers, members of the state legislature, judges, and all other officers, 
provided for under said constitution, shall be elected." 

Section 11 of the schedule of the constitution had continued that pro- 
vision for the election which was held on December 6, 1859. The first case 
heard and reported in the supreme court is one in which the validity of that 
election and tenure of office of persor.s elected at that election was determined. 
At the general election in 1861 votes were cast for George A. Crawford for 
the office of governor, and he made application to the supreme court for a 



The Supreme Court of the State of Kansas. 



97 



writ of mandamus to compel the Board of State Canvassers to canvass the 
returns and declare the result. 

Section 1, article 1, of the constitution reads as follows: 

"Section 1. The executive department shall consist of a governor, 
lieutenant-governor, secretary of state, auditor, treasurer, attorney-general 
and superintendent of public instruction; who shall be chosen by the electors 
of the state at the time and place of voting for members of the legislature, 
and shall hold their offices for the term of two years from the second Monday 
of January next after their election, and until their successors are elected 
and qualified." 

Members of the first house of representatives of the legislature were to 
be chosen for one year, and regular sessions were required to be held annually 
on the second Tuesday of January. Members of the first senate were to be 
chosen for two years. 

The first legislature, which had also been elected at the election provided 
for in the schedule of the constitution by chapter 31, Session Laws of 1861, 
adopted May 22, 1861, provided: 

"Section 1. That, on the Tuesday succeeding the first Monday in 
November, A. d. 1862, and on the Tuesday succeeding the first Monday in 
November in every second year thereafter, there shall be held a general 
election for the election of a Representative in Congress, governor, lieutenant- 
governor, secretary of state, auditor of state, treasurer of state, attorney- 
general, superintendent of public instruction, justice of the supreme court, 
senators, and in each county, one probate judge, one clerk of the District 
court, and one county superintendent of public instruction." 

Other county officers were to be elected in November, 1861, and every 
two years thereafter, and judges of the district court were to be elected in 
November, 1864, and every fourth year thereafter, and members of the house 
of representatives were to be elected in November, 1861, and every year 
thereafter. 

The argument presented was that section 1, article 1 of the constitution 
had no application to officers chosen under the article of the schedule re- 
ferred to, because they were not "chosen by the electors of the state" but 
by the electors of the territory of Kansas, but the court held the argument 
not convincing. 

The court also held that the limitation of the term of office in section 1, 
article 1, of the constitution applied to the term of the governor, and that as 
he was elected on the first Tuesday of December, 1859, he was entitled to 
hold only until the second Monday of January, 1862, and until his successor 
was duly elected and qualified. 

The words "who shall be chosen ... at the time and place of 
voting for members of the legislature" were held to mean that those officers 
shall be elected at the time and place all the members of both branches of 
the legislature are elected. The writ was therefore denied. (The State of 
Kansas, ex rel. George A. Crawford, v. Charles Robinson et al., 1 Kan. 17.) 

The argument of this case was allowed to continue for three days; the 
present rules allow only thirty minutes on a side, almost too short to more 
than state the case. 

The case was submitted on January 15 and decided on the 18th. A more 
speedy ending is apparently possible on a full argument. (In this particular 



—7 



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Kansas State Historical Society. 



case the judges, naturally, had probably considered the question involved 
before its formal presentation.) 

An early case was The State, ex rel., v. Meadows, 1 Kan. 90, in which acts 
passed by the territorial legislature after the admission of Kansas into the 
Union, January 29, 1861, and before the issuance of the governor's procla- 
mation concerning the legislature, February 9, 1861, were declared to be 
valid under the clause of the schedule continuing the territorial govern- 
ment until it should be superseded by the new government. 

The court continued as originally constituted only one year, the resig- 
nation of Chief Justice Ewing, to become colonel of the 11th Kansas volun- 
teers, occurring October 20, 1862. The resignation, so dated, at Pea Ridge, 
Ark., did not reach Governor Robinson until December 28, 1862. 

On December 28, 1862, Governor Robinson appointed Hon. Nelson Cobb 
as chief justice to fill the vacancy occasioned by the retirement of Judge 
Ewing. Judge Cobb took his oath of office and entered upon the duties of 
his position, and on January 5, 1864, retired to give place for Hon. Robert 
Crozier, who was elected on November 3, 1863, to fill the unexpired term of 
Chief Justice Ewing. 

At the general election in November, 1862, although there was no procla- 
mation calling for the election of a chief justice, Hon. John H. Watson, as a 
Republican, and Hon. Willard P. Gambell, as a Union candidate, were voted 
for for chief justice, and John H. Watson received more than a majority of 
all the votes cast for that office. The Board of State Canvassers, which as- 
sembled on December 22, 1862, did not canvass the vote for chief justice, 
but the state officers elected in 1862 who by law composed the State Board 
of Canvassers did, on the 24th of January, 1863, with all the forms prescribed 
by the statute, canvass the votes, and declared Watson elected chief justice. 

By quo warranto proceeding in the supreme court, in the name of the 
state on the relation of Watson, filed by the attorney-general, the authority 
of Chief Justice Cobb to exercise that office was inquired into, and in The 
State, ex rel. Watson, v. Cobb, 2 Kan. 32, the court by its opinion, written by 
Justice Kingman, held that Chief Justice Ewing's resignation, being dated 
October 20, less than thirty days prior to the election, the election was a 
nullity, and that the governor's appointment of Nelson Cobb on December 
'28 legally entitled him to the office, notwithstanding Judge Ewing had been 
mustered into the service of the United States, with the rank of colonel of 
the Eleventh Kansas infantry, on September 15, 1862. No commission as 
colonel, however, was issued to him until November 28, 1862. 

During his service as chief justice for one year, Judge Ewing wrote nine 
opinions, and Judge Cobb during the next year wrote fifteen opinions. Dur- 
ing the same period, covering the two years preceding the advent of Judge 
Crozier as chief justice, Judge Bailey wrote twelve opinions, while Judge 
Kingman during the same period wrote twenty-six opinions. The number 
of Judge Kingman's opinions does not adequately represent the superiority 
of his service. The more important cases almost uniformly had been as- 
signed to him. 

Judge Crozier, a man of more energy than his predecessor, as chief 
justice, though not sitting with the court later than June, 1866, wrote forty- 
seven opinions. His three associates wrote in the same time fifty-three 
opinions — Bailey, nineteen; Kingman (off two years), sixteen; Safford^ 
.eighteen. 



The Supreme Court of the State of Kansas. 



99 



In 1864 Judge Kingman allied himself with the insurgent Republicans of 
that day, and accepted a nomination for associate justice by the Republican^ 
Union state convention, which nominated Solon O. Thacher for governor 
and John J. Ingalls for lieutenant governor. The result was that Hon. 
Jacob Safford, of Topeka, was nominated as the Republiacn candidate and 
elected in Judge Kingman's stead. Judge Safford had been, theretofore, judge 
of the district court of the third judicial district, which then comprised the 
counties of Davis (now Geary), Riley, Pottawatomie, Wabaunsee and Shaw- 
nee, with the counties of Clay, Dickinson, Saline and Ottawa attached to the 
county of Davis for judicial purposes. Judge Safford held one full term, re- 
tiring in 1871 to make place for David J. Brewer, elected in 1870. 

Chief Justice Crozier was not a candidate for reelection in 1866, and 
Judge Kingman was that year nominated by the Republican state conven- 
tion in his stead, and, being elected, took his place as chief justice on January 
14, 1867, and was reelected in 1872, but was compelled to resign on account of 
ill health, and was succeeded by Hon. Albert H. Horton, appointed by Gov- 
ernor Thomas A. Osborn on January 1, 1877. 

Judge Bailey, reelected as associate justice for a full term of six years at. 
the general election in 1862, held office until January, 1869, when he was; 
succeeded by Hon. D. M. Valentine, elected in 1868. 

With the return of Judge Kingman as chief justice on January 14, 1867,. 
and the advent of Daniel M. Valentine as associate justice on January 11, 
1869, and Hon. David J. Brewer as associate justice on January 9, 1871, the 
supreme court may be said to have entered into a new stage of its history. 

During the first five years of its existence, the newness of the state govern- 
ment, the frequent changes in the personnel of the court, the lack of experi- 
ence in judicial position of some of the members, and the dominant character 
and energy of particular members, had prevented united action. In many 
cases one of the judges did not participate in the decision because it had been 
argued before he went on the bench, or because he had been of counsel of the 
parties, and many cases were argued before two judges in the absence of the 
third member for other reasons. The lack of team work allowed one member* 
at times, to write a disportionate number of the opinions. 

With the wave of prosperity which followed the close of the war, popu- 
lation of the state doubled and tripled, the business of the court increased, 
and the more permanent personnel of the court, and the necessity for close 
relations and more frequent consultations among the members, tended to 
develop an esprit de corps, a unity of action bred of a mutual confidence in 
each other's ability, experience and prudence. The substitution of Albert 
H. Horton for Judge Kingman, on January 1, 1877, brought to the court 
another member whose clear, forceful and logical mind and untiring industry 
increased the high respect which the supreme court reports had obtained. 
The decisions of Kingman, Horton, Brewer and Valentine cover a quarter 
of a century of Kansas history when the state, society, bench and bar were 
in their formative period, and their work on the supreme bench reflect the 
generous high 7 minded spirit of Kansas people, while they inspired that 
spirit to loftier heights by the broad sympathetic equity and justice with 
which they mellowed the otherwise rigid rules of law to meet the conditions 
and wants of the people. 

The exceptional ability of Judge Brewer was recognized by the country 



100 



Kansas State Historical Society. 



at large, and April 9, 1884, he was appointed United States circuit judge, 
and was again promoted in 1889 to associate justice of the supreme court of 
the United States. He was succeeded on the state supreme court by Hon. 
Theodore A. Hurd, appointed by Governor George W. Glick. Associate 
Justice Hurd only held his office until December 1, 1884, when he was suc- 
ceeded by Hon. W. A. Johnston, who had been elected in November to fill 
the unexpired term of Judge Brewer. Mr. Justice Johnston, now chief 
justice, has been five times reelected, and is now serving his thirtieth year as 
member of the court. It is no disparagement of Judge Johnston that he had 
the benefit of association and service with Judge Valentine for nine years 
and with Judge Horton for eleven years, and it is no less a compliment that 
his advent in the place of Judge Brewer caused no dimunition of the high 
position which the court had maintained in the past. 

Following the retirement of Judge Valentine and Judge Horton, the 
supreme court entered upon another stage of its history. It was found that 
three judges who were sufficient to handle the business brought before the 
supreme court when the new state had only a population of 107,202 (the 
population according to the census of 1860) were radically insufficient when 
the population had increased to 1,268,562 (the population according to the 
census of 1885). The supreme court found itself running so far behind that 
the consequent delay was being taken advantage of, and many cases ap- 
pealed by the defeated party below, without any hope of reversal, simply for 
the benefit of the time that execution could be delayed thereby. 

A series of attempts to relieve the court, first by the creation of a com- 
mission and then by the creation of intermediate courts of appeal, was fol- 
lowed by the enlargement of the court itself. 

The constitutional amendment adopted in 1900, providing for a supreme 
court of seven instead of three, together with deaths, resignations, defeats in 
nomination and defeats at election, brought many new judges into the court, 
some to remain but a short time when their places were taken by others. 

In 1887 the legislature enacted chapter 148, Session Laws of 1887, en- 
titled "An act to provide for the appointment of three commissioners, to be 
known as commissioners of the supreme ocurt . . . .," "to aid and 
assist the court ... in the disposition of the numerous cases pending 
in said court." They were to hold office for the term of three years and re- 
ceive a salary equal to the salary of the judges of the supreme court. Hon. 
B. F. Simpson, Hon. J. B. Clogston and Hon. Joel Holt were appointed 
March 5, 1887, by Governor John A. Martin. Their opinions were reported 
to the court with a recommendation of the judgment to be entered, and the 
court ordered it accordingly, unless it rejected the recommendation and 
entered a contrary judgment. The first commissioners' opinions appear in 
36th Kansas, 374. The commission was continued three years longer by 
chapter 246, Laws of 1889, and Hon. J. B. Clogston and Hon. Joel Holt were 
succeeded by Hon. George S. Green and Hon. J. C. Strang, who were ap- 
pointed March 1, 1890, by Governor Lyman U. Humphrey, Hon. B. F. Simp- 
son being reappointed with them. 

Two years after the expiration, in 1893, of the supreme court commis- 
sion, the legislature, by chapters 96 and 368, Laws of 1895, created two 
courts of appeal, each consisting of three judges, the state being divided east 
and west into the northern and southern departments, and were given juris- 



The Supreme Court of the State of Kansas. 101 



diction in all cases where the amount in value did not exceed $2000. Hon. 
A. D. Gilkerson, Hon. T. F. Garver and Hon. George W. Clark were ap- 
pointed as judges of the northern department, and Hon. W. A. Johnston, 
Hon. A. W. Dennison and Hon. Elrick C. Cole were appointed judges of the 
southern department. Provision was made for one election of successors, 
and the court expired by limitation January 12, 1901. By the election in 
1896, Hon. John H. Mahan, Hon. Abijah Wells and Hon. Samuel W. Mc- 
Elroy were elected judges of the northern department, and Hon. A. W. Den- 
nison, Hon. B. F. Milton and Hon. M. Schoonover were elected judges of 
the southern department. 

The opinions of this court are reported in a separate set of ten volumes 
of Kansas Appeals Reports. The opinions of the court of appeal have not 
secured very high credit with the legal profession or with the courts, though 
many of them have been affirmed and followed by the supreme court. 

Mr. Justice Valentine retired from the bench January 11, 1893, and was 
succeeded by Hon. Stephen H. Allen, and on April 30, 1895, Chief Justice 
Horton re igned and was succeeded by Hon. David Martin as chief justice, 
who was in turn succeeded by Hon. Frank Doster as chief justice, January 
11, 1897. Mr. Justice Allen was succeeded by Hon. William Redwood 
Smith, January 9, 1899. On January 15, 1901, there were appointed by 
Governor W. E. Stanley, in accordance with the amendment to the con- 
stitution adopted in November 1900, four additional justices: Hon. Edwin 
W. Cunningham, Hon. Adrian L. Greene, Hon. Abram H. Ellis, and Hon. 
John C. Pollock. On September 25, 1902, Mr. Justice Ellis died, and was 
succeeded by Hon. Rousseau A. Burch, appointed to fill the vacancy Sep- 
tember 29, 1902, by Governor W. E. Stanley, and since has been three times 
elected by the people. 

On January 12, 1903, Chief Justice Doster retired, Mr. Justice Johnston, 
as the justice senior in continuous term of service, becoming chief justice 
under the terms of the constitutional amendment of 1900, and Hon. Henry 
F. Mason succeeding as member of the court. Mr. Justice Mason was re- 
elected in 1908. 

On December 2, 1903, Mr. Justice Pollock resigned to accept the office 
of judge of the district court of the United States for the district of Kansas, 
and on January 1, 1904, was succeeded as justice of the supreme court by 
Hon. W. D. Atkinson, appointed by Governor Willis J. Bailey. On Decem- 
ber 1, 1904, Mr. Justice Atkinson was succeeded by Hon. Clark A. Smith, 
elected November 4, 1904, to fill the vacancy caused by the resignation of 
Mr. Justice Pollock. In 1908 he was reelected. On July 1, 1905, Mr. Justice 
W. R. Smith resigned to become general solicitor for the Atchison, Topeka 
& Santa Fe Railway Company, and was succeeded on that date by Hon. 
Silas Porter, appointed by Governor Edward W. Hoch, and Mr. Justice 
Porter since has been twice elected. 

On August 16, 1905, Mr. Justice Cunningham died, and Hon. Charles B. 
Graves was appointed to the vacancy, August 21, 1905, by Governor Edward 
W. Hoch. In the following November he was elected, but was defeated for 
nomination in 1910, and retired from the bench January 11, 1911. 

On July 28, 1907, Mr. Justice Greene died, and Hon. Alfred W. Benson 
was appointed to fill the vacancy, August 1, 1907, by Governor Edward W. 



102 



Kansas State Historical Society. 



Hoch. At the November election of 1908 he was elected for a full term of 
six years. 

On January 11, 1911, Mr. Justice Graves was succeeded by Hon. Judson 
S. West, who had been elected at the November election, 1910, for a full 
term of six years. 

The court as now constituted consists of — 

Hon. William A. Johnston, chief justice, whose service commenced De- 
cember 1, 1884; present term expiring January 14, 1919. 

Hon. Rousseau A. Burch, whose service commenced September 29, 1902; 
present term expiring January 14, 1919. 

Hon. Henry F. Mason, whose service commenced January 12, 1903; 
present term expiring January 12, 1915. 2 

Hon. Clark A. Smith, whose service commenced December 1, 1904; 
present term expiring January 12, 1915. 

Hon. Silas W. Porter, whose service commenced July 1, 1905; present 
term expiring January 9, 1917. 

Hon. Albert W. Benson, whose service commenced August 1907 ; present 
term expiring January 12, 1915. 

Hon. Judson S. West, whose service commenced January 9, 1911; present 
term expiring January 9, 1917. 

The record of the supreme court of Kansas discloses very few of the oscil- 
latory periods which the changing personnel of courts has sometimes caused 
in other states. The entire list of Kansas cases overruled by the Kansas 
supreme court in volume 91 of the reports number only forty-nine, a number 
of these being on rehearing of the same case, many of them accruing early in 
the history of the court. A considerable number of cases involved federal 
questions decided in advance of the supreme court of the United States, 
which later deciding otherwise, necessitated an overruling of the earlier case. 
In every case when a change has been registered in the permanent principles 
of law which are to govern future conduct, it has been in favor of the relaxa- 
tion of technical rules — a modification which made for a more free and 
speedy realization of a more complete justice and equity. 

The list of cases overruled have appeared as a preface since the 70th 
volume of the reports. 

Since the 80th volume the preface also contains a list of all the cases ap- 
pealed to the supreme court of the United States, showing the disposition 
and volume of United States supreme court report in which the dispo- 
sition is to be found. Since the 85th volume the preface has also contained a 
list of the Kansas cases criticized, the Kansas cases distinguished and the 
Kansas cases followed in the volume. Prior to the volumes mentioned this 
data may be found under appropriate headings in the index of the previous 
volumes. 

From this source it appears that besides 49 cases overruled, there have 
been 57 cases criticised and 1098 cases distinguished, barring the duplicates 
in the lists, while the list of cases followed occupies several pages in each 
volume. The preface also contains, in the recent volumes, the list of the 
Kansas cases cited in the dissenting opinions. Formerly the reporter at- 
tempted to include in the lists of cases referred to in the index, cases cited, 



Note 2. — At the November election, 1914, Justice Mason was reelected associate justice. 
Mr. John Marshall and Mr. John S. Dawson were also elected Associate justices to succeed Judge 
A. W. Benson and Judge Clark A. Smith. 



The Supreme Court of the State of Kansas. 103 



distinguished, criticised and followed from other states, which, becoming too 
burdensome, has been abandoned since the 39th volume. 

An analysis of the overruled cases disclosed that in every instance the 
tendency has been away from a technical rule to a more liberal and reason- 
able one; while the criticisms are, in most cases, the disapproval of expres- 
sions unnecessary to the decision, and the consequence of which, as later 
contended for, was not appreciated at the time, and the elimination of which 
leaves the correctness of the decision unaffected. 

Review by the supreme court of the United States can be had only when 
the state supreme court decides against some claim of a federal right, and 
reversals of decisions of the supreme court of Kansas by the supreme court 
of the United States have been surprisingly few; for instance, only ten cases 
have been so reversed since the organization of the enlarged court of 1901 — 
and five of these involved the provisions of the Bush law, requiring foreign 
corporations to pay a charter fee and file a statement of resources and lia- 
bilities as a condition of being allowed to do business or maintain actions in 
the state: State v. Telegraph Co., 75 Kan. 699; State v. Pullman Co., 75 
Kan. 664; Text Book Co. v. Pigg, 76 Kan. 328; Wilson v. Hawkins, 80 Kan. 
117; and Buck v. Vickers, 80 Kan. 29. 

The very respectable minority of four justices in one of these cases con- 
tended that the decision of the Kansas supreme court was right, Mr. Justice 
Holmes going so far as to say that the charter fee, which he admitted might 
be called a tax, was lawful under all of the decisions of the court until the 
majority opinion in that case. 

On the other hand, since 1901 twenty-five cases appealed have been af- 
firmed by the supreme court of the United States, and many have been 
dismissed without hearing on the merits. 

The method of assignment of cases for hearing, and of assignment to the 
several judges for opinion, and of consultation in banc, after such assign- 
ment, to agree upon the decision, is very clearly stated by Mr. Justice Burch 
in an address to the Kansas State Bar Association, January 27, 1914: 

"In the Kansas court, not only the decision itself, but the specific ground 
upon which each proposition involved in the decision is rested, is first agreed 
by the court consulting in banc, and the opinion is then prepared by the 
judge to whom the case is assigned, according to the directions given at the 
consultation. In order to prevent any possibility of favoritism or unfairness 
to counsel, to litigants, or to the justices themselves, cases are assigned 
according to an arbitrary rule, so that no justice or other person can even 
conjecture in advance the result of a docket assignment. Cases are assigned 
before consultation, so that the consultation may be conducted in a system- 
atic, orderly and thorough way. 

"Regular assignments for the hearing of cases are made for ten months of 
the year, and the first week of those months is devoted to hearings upon 
oral arguments; but the court is open for the hearing and decision of causes, 
either in banc or division, every month in the year. Whenever the circum- 
stances require, consultation takes place immediately after the submission 
of a cause, and the decision is announced as soon as the consultation is 
concluded. Causes submitted on regular assignments for hearing are decided 
at consultations beginning the following week, and opinions in such causes 
are filed on the first Saturday of the following month. Occasionally an 
intricate or difficult case is held for further consultation, and occasionally a 
justice is unable to complete within the month the opinions in all the cases 
assigned to him, but the instances are exceptional." 



104 Kansas State Historical Society. 

The court early laid down as rules of decision that — 

"A mere matter of practice, once settled by the decision of the supreme 
court and unchallenged for years, ought not to be disturbed except in case 
of glaring and dangerous error." (14 Kan. 347.) 

"That a rule of law generally recognized by the decisions of other states 
and hitherto followed by the courts of Kansas, and apparently salutary in 
its operations, ought rarely to be abandoned merely because the reasons 
given for its original adoption are not altogether satisfactory, and that 
logically the courts should have reached an opposite conclusion." (16 Kan. 
358.) 

This policy has been restated: 

"As a matter of judicial policy, it is ofttimes better for the highest tribunal 
of a state to adhere to a construction once given to a statute, although 
erroneous, which by lapse of time has become settled law of the state, than 
to disturb business conditions and possibly vested rights by reversing its 
own judgments. Generally, when such mistakes grow into the laws the 
people may be relied on to make the proper corrections by legislative en- 
actments, and the injuries consequent upon such changes being made by 
the court be thus avoided. This remedy, however, is not efficacious when 
mistakes have been made in the interpretation of a constitutional provision." 
(67 Kan. 648.) 

Again with reference to the interpretation of constitutional provision for 
a homestead the court has said: 

"Doubtless substantial justice may often be better promoted by adhering 
to an erroneous decision than by overthrowing a rule once established. But 
in so important a matter as the enforcement of the homestead rights guaran- 
teed by the constitution, the court feels an obligation to reexamine a difficult 
and doubtful question in the aspect of any new light that may be offered." 
(76 Kan. 544.) 

In a still more recent case, involving the rule that dying declarations are 
admissible only in homicide cases, the court says: 

"The rule admitting and the rule restricting the declaration as indicated 
are entirely court made, and when the reason for this restriction to cases of 
homicide ceases, if it ever existed, then such restriction should likewise 
cease. . . We are confronted with a restrictive rule of evidence 
commendable only for its age, its respectability resting solely upon a habit 
of judicial recognition formed without reason and continued without justi- 
fication. The fact that the reason for a given rule perished long ago is no 
just excuse for refusing now to declare the rule itself abrogated, but rather 
the greater justification for so declaring; and if no reason ever existed, that 
fact furnishes greater justification. 

"The doctrine of stare decisis does not preclude a departure from pre- 
cedent established by a series of decisions clearly erroneous, unless property 
complications have resulted and a reversal would work a greater injury and 
injustice than would ensue by following the rule (11 Cyc. 749). The ten- 
dency is towards the reception rather than the rejection of evidence, experi- 
ence having shown that more results from its exclusion than from its ad- 
mission." (91 Kan. 468.) 

Behind the question of the stability of the supreme court decisions, 
when reexamined by that court, is the question of the extent to which the 
common law and the precedents by which it has been elucidated and ex- 
pressed, shall be considered as rules of property: 

" How the common law came to Kansas is told in a comprehensive sketch 
of the subject in Clark v. Allaman, 71 Kan. 206, 80 Pac. 571. In the opinion 
Mr. Justice Burch reviews the history of the formation of the Louisiana 



The Supreme Court of the State of Kansas. 105 



territory and refers to the acts of Congress, the legislation of the several 
states and territories to which Kansas has at times in her history belonged, 
and cites the public documets and decided cases bearing upon the question." 
(State v. Akers, 92 Kan. 191.) 

The present statute — "The common law as modified by constitutional 
and statutory law, judicial decisions and the conditions and wants of the 
people shall remain in full force in aid of the general statutes of the state" 
— is interpreted in that opinion. 

"This statute was not designed to disturb any part of the common law, 
which because of its adaptation to the genius and needs of its people had 
become the established law of Kansas. It gave authority for the neglect of 
all rules of the ancient common law that were inapplicable to the exigencies 
of an independent self-directing people, striving with their own peculiar 
conditions and circumstances, but none of those doctrines that already had 
been absorbed and incorporated into the legal system of Kansas was affected, 
and no part of the settled law of the state having the common law for its 
source became exposed to repeal either by the repetitions of infractions by 
individuals in particular localities or by judicial legislation based upon such 
infractions." (71 Kan. 230). 

Judge Brewer, in 11 Kan. 484, noted that — 

" While the common law is continued in force in this state, it is only in aid 
of the general statutes, and as modified by the constitutional and statutory 
laws, judicial decisions and the wants and conditions of the people." 

In State v. Akers, 92 Kan. 191, the court held that the common-law test 
of navigability (the ebb and flow of the tide) was unsuitable for the conditions 
and wants of the people of Kansas, and was never a part of the common law 
of Kansas, and that riparian owners, though they have riparian rights of 
which the state could not deprive them without compensation, never acquired 
any property interest in the bed of the Kansas river adjoining their land; 
that by statute and decision the title of such bed is in the state. 

The following quotation is illustrative of the liberal view of the force 
to be allowed to precedents: 

"There need be no necessary inconsistency between a decision rendered 
thirty or fifty years ago holding that assumption of risk and contributory 
negligence in a given employment are defenses to an ordinary action by a 
servant against his master, based on the latter's negligence, and a decision 
to the contrary at the present time. The doctrine of assumption or risk and 
contributory negligence are not the creatures of any constitution or of any 
legislative enactment. They are court-made rules, invented to meet certain 
ideals of justice respecting certain social and economic conditions and rela- 
tions. Should the conditions and relations be completely changed, and 
those ideals wholly fail of realization, the reason for the rules, which is the 
life of all rules of the common law, would then be wanting, and the court 
which would go on enforcing them would be a conscious minister of injustice 
and not of justice. It is not always easy to say just when a rule of the 
common law completely fails to accomplish the purpose of its adoption." 
(90 Kan. 194.) 

The new code of civil procedure of 1909 abolished petition in error, bills 
of exception, and case made, and all the brood of technicalities that had 
grown up around them. 

All reviews of judgment of inferior courts are now to be had by appeals, 
and appeals are taken and perfected by personal notice and service filed with 
the clerk of the trial court. 



106 Kansas State Historical Society. 

The new code also has a new section which is undoubtedly intended to 
confer power on the supreme court by which the final judgment may be 
made to more fully express the complete justice which the court may deem 
to be due to a party. 

The former code, by section 140, continued in the new code as section 141,. 
provided: 

"The court, in every stage of action, must disregard any error or defect 
in the pleadings or proceedings which does not affect the substantial rights 
of the adverse party, and no judgment shall be reversed or affected by 
reason of such error or defect." 

The supreme court has consistently throughout its entire history given 
this section its largest effect. In Coleman v. McLennan, 78 Kan. 744, Mr. 
Justice Burch had occasion to refer to its early history in territorial days, 
and the decision from Otis v. Jenkins, McCahon (Kan.) 87, to Hopkinson 
v. Conley, 75 Kan. 65 — which have always required prejudice to substantial 
rights to affirmatively appear. 

The new code, as well as retaining the old section as section 141, contains 
section 581, as follows: 

"The appellate court shall disregard all mere technical errors and ir- 
regularities which do not affirmatively appear to have prejudicially affected 
the substantial rights of the party complaining, where it appears from the 
whole record that substantial justice has been done by the judgment and 
order of the trial court; and in any case pending before it the court shall 
render such judgment as it deems that justice requires, or direct such judg- 
ment to be rendered by the court from which the appeal was taken without 
regard to technical errors and irregularities in the proceedings of the trial 
court." 

This section was first considered at length in the opinion in Sanders v. 
Railway Co., 86 Kan. 62, Mr. Justice Benson, for the court, saying: 

"This section in the code revision of 1909 perhaps means but little if 
anything more than was intended by a provision of the old code, continued 
in the revision, which requires the court to disregard all errors and defects 
not materially affecting the substantial rights of a party, and providing that 
no judgment shall be reversed for such errors or defects. (Civil Code, § 141.) 
This new provision is, however, a later legislative declaration of a whole- 
some policy, probably intended to make it more emphatic. It does not 
authorize this court to substitute its own judgment for that of the jury. 
(Mfg. Co. v. Bridge Co., 81 Kan. 616.) But it does require the court to dis- 
regard immaterial errors and rulings that do not appear to have influenced 
the verdict or impaired substantial rights. The ruling must be prejudicial 
as well as erroneous, and prejudice must affirmatively appear, or the error 
will be disregarded. Prejudice may be said to appear when the proceedings 
show that the court or jury was misled by the error and that the verdict or 
judgment was probably affected to the injury of the complaining party; 
and this may appear from a candid examination of the proceedings, in the 
light of reason and common sense. The term 'technical errors' used in 
section 581 of the code is an elastic one, but it doubtless was intended to 
mean the same as the expression 'errors or defects which do not affect the 
substantial rights of the adverse party' found in section 141. Rules of 
procedure and of evidence alike are intended to promote the due administra- 
tion of justice. Although they may not be disregarded, they must be so 
interpreted and applied as to facilitate and not defeat the purposes for 
which they were designed." (86 Kan. 62.) 



The Supreme Court of the State of Kansas. 107 



In the same volume Mr. Justice Mason voices the opinion of the court that 
this section broadens the power of the court in disposing of cases on appeal. 
He says: 

"Although this section has especial reference to the ordering of such a 
final judgment as shall end the litigation, we do not think that it was in- 
tended to have no other application. Its purpose seems to enlarge the 
authority of the appellate court, so that on reversing the judgment it may 
direct such course to be taken by the trial court as shall do justice between 
the parties." (86 Kan. 940.) 

And in every subsequent volume of the reports the court has found oc- 
casion to exercise power under this section, and it may be presumed that the 
exact limits of its enabling effect has not yet been fully found. 

A meeting of members of the bar of the state was called by a number of 
lawyers in the summer of 1914, to be held at Representative Hall, for the 
purpose, as stated in the signed call, "of taking a general survey of the 
workings of the judicial system of the state." In an unsigned statement 
issued later, purporting to be issued by the originators of the call, but pub- 
licly disavowed by some of the signers of the original, the purpose was de- 
clared to be the discussion and criticism of the system of disposing of causes 
in the supreme court, suggesting that inaccuracy of statements of the facts 
shown by the records and of the questions involved in the cases, the failure 
to apply the settled principles of law of prior decisions not overruled or dis- 
tinguished, introduced confusion in the place of uniform law, by tending to 
make new laws by judicial decision. 

There was a representative attendance of the members- of the bar of the 
state at this meeting, and they emphatically condemned the criticism as 
unjustified, and as emphatically approved the method followed by the su- 
preme court in the assignment, consideration and decision of cases. 

The conscientious effort of the court to apply the sections of the code 
referred to above in the light of reason and common sense was unanimously 
recognized as the cause of the criticism, which was limited in its source to 
attorneys for losing parties in a few cases, and who were admittedly respon- 
sible for the unsigned statement. 

As a matter of fact, six justices visit the chambers of the remaining justice 
in rotation and hear the report of that justice on the cases assigned to him, 
and compare the same with the views which have obtained from the oral 
and printed arguments and abstracts, and agree upon the decision to be 
made. Unless some one of the justices desires a further consultation after 
further examination of the record or authorities, the opinion prepared under 
direction of the court by the justice holding the assignment is also read and 
agreed on by the court in banc. 

Naturally, most of the cases on each monthly docket are entirely strange 
and new to the justices when they take up the briefs or listen to the oral 
arguments, if any are presented. The oral statement of the facts by counsel 
must be very brief under the rule shortening the time for argument. 

So that the justices, in the nature of things, have only a limited advance 
knowledge of the cases assigned to their associates when they go into con- 
sultation with the justices to which they are assigned, and naturally will 
place reliance upon his statement of the facts and questions presented by 
the record; and the justice to whom the case has been assigned will have 



Kansas State Historical Society. 



The Supreme Court of the State of Kansas. 109 



but limited advance knowledge of the facts and questions on which to base 
his report, if the consultations with him concerning his cases immediately 
follow the assignment to him. 

An accurate knowledge of the facts and questions involved in any case to 
be decided is of prime importance, and ought to be the first step to be taken 
in the determination of a given case, and a luminous statement, succinct as 
well as perspicuous, with sustaining reference to pages and sometimes to the 
very words of the abstract, at the very threshold of briefs, that will rivet the 
attention and clarify the vision of the court, should command the most 
careful labors of counsel. 

Knowledge of the facts and questions involved must be obtained by each 
justice, either from oral argument or the briefs, or the abstract, or from the 
report of the justice to whom the case is assigned. 

Naturally, therefore, their comprehension of the facts and questions in 
cases assigned to other justices, as well as their own cases, will progressively 
augment in definiteness through the various consultations until the approval 
of the written opinion and its filing with the clerk. 

Continuing consultations concerning all features of a given case undoubt- 
edly tend to eliminate the errors of the "one man" opinion, and perhaps the 
decision in most cases ought to be postponed at least until a second con- 
sultation after an interval of study of the record, briefs and authorities, 
although the frequent dissents found in the reports demonstrate that the 
consideration of cases by the Kansas supreme court continues with justices 
to whom cases are not assigned, and that they do not allow undue reliance 
upon the justice handling the case to prevent a vigorous dissent whenever 
they deem it necessary. 

The crude application of legal principles, expressed under circumstances 
perhaps altogether different, without a luminous liberality in the adjust- 
ment of the same to new cases, new conditions and new equities, tends to 
fossilize the whole body of the law. The two sections of the code above re- 
ferred to witness a general movement, having for its purpose the detachment 
of the law from its purely abstract formulae, which in a measure has tended 
to hold it aloof from the living justice of the case. The common law of the 
land as found in judicial decisions is judge-made and judicially expressed, 
and the evolution of the law, which has not ceased, requires an ever new ex- 
pression of the rules, the branching out of new rules, the dying out of former 
rules, the reasons for which have perished or never existed except in a few 
special cases, and the attempt of the court to consider each case with an 
open mind and to give these two provisions of the code their largest effect in 
producing substantial justice between the parties, and to "render such judg- 
ment as it deems that justice requires," may have caused the court to fail 
to apply in given cases some technical rules of law which they have not neg- 
lected to apply when such application has been deemed by them to result 
in producing more substantial justice. Some lawyers, schooled in the pre- 
cedents of the common law and the technicalities of a procedure of other 
days, have acquired a somewhat rigid theory of the law, and are prone to 
criticize a court which will not follow, even to a deplorable injustice and 
upon immaterial matters, what seems to them to be an unimpeachably 
logical argument. They would have the court ignore that at times there 
must be much which seems to be illogical and unrhymed in the application 



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of the principles of law to the many-sided facts of life, if the decisions of the 
court are to accomplish a sympathetic justice. 

It is to the credit of the supreme court of Kansas that it has at all times 
attempted to keep the course of judicial decisions free from such rigid rules 
of consistency as would tend to prevent their judgments from meting out 
all the substantial justice and equity possible from the record before them. 

It may be objected that such principles of decision admits the validity 
of the criticism, and substitutes for a certain though perhaps rigid rule of 
undesirable inflexibility — but which is to be preferred at the present stage 
of human development — an uncertain and variable standard of justice, de- 
pending upon the mental breadth and depth of the. individuals composing 
the court. 

Prof. Joseph H. Drake of the University of Michigan, an eminent Ameri- 
can jurist, says: 

"Our jurists, our legislators and our courts, both bench and bar, still 
hold fast to an historical natur-recht built up on the precedents of the com- 
mon law. All of our lawyers, legislators and judges who are trained in the 
traditions of the common law hold with characteristic and commendable 
conservatism to the good that is and has been in our legal system, insisting 
upon the prime virtue of a system of law that is certain, apparently for- 
getting that law is not an end in itself, but a means to produce the greatest 
common measure of good of society that is right — and justice between man 
and man. 

"In those very difficult cases where our judges are confronted with the 
task of extending a principle of law to meet a new set of facts which call 
loudly for a remedy, if the court has the idea that the purpose of law was to 
satisfy properly our changing social demands, we should have fewer re- 
actionary decisions that have caused so much popular discontent with the 
law and with courts." 

It has been said that the puny logic of human reason can not conquer the 
divine stubbornness of individual conceptions inherited or acquired; that 
what a lawyer says or writes may have its momentum indefinitely multi- 
plied, or reduced to a nullity, by the impression the judge or judges happen 
to have formed, for good reasons or bad, of the spiritual or intellectual size 
of the speaker or writer. 

Such variable human elements in every problem of life are inescapable, 
and the pathological conditions which may produce such criticism of decis- 
ions as seem to vary from rigid logicality will be softened by the comprehen- 
sion of the broad justice and equity which ultimately emerges, and to ac- 
complish which "in the light of reason and common sense" perforce will be 
the desire and effort of the court. 

Since the organization of the enlarged court in 1901, it has disposed of 
an immense amount of litigation. 

The Kansas reports of cases determined by the supreme court of Kansas 
covering the past fourteen years number thirty volumes of from 1000 to 1100 
pages each, and contain 4256 original opinions, in as many cases. 

In addition to the opinions written for the majority of the court, there 
were 432 dissents and special concurrences by other members of the court, 
most of which are accompanied by more or less lengthy opinions by the 
judges dissenting or specially concurring. 

In these thirty volumes are also reported 1448 per curium opinions and 
memorandum decisions, sometimes consisting of several pages. If not deemed 



The Supreme Court of the State of Kansas. Ill 



of sufficient value to be published, the judges are not required to prepare 
and file written opinions. 

There remained over 550 cases on the docket of the supreme court after 
the July session, 1914, beside those under advisement, so that the court was 
at least eleven months behind its docket. Mr. Justice Burch says, in an ad- 
dress, that as a practical matter it has been found to be impossible to come 
nearer. A rule similar to rule 20 of the supreme court of the United States, 
permitting the submission of cases on stipulation, waving oral argument, 
without regard to the number of the case on the docket, would result in mak- 
ing available for decision many cases in advance of the regular call of the 
docket. However, the time and attention which can be devoted to a given 
case under the present course of submission of cases is short enough, while 
there are limits to the physical capacity of the judges. These considerations 
may make such a rule incompatible with even as perfect results as are now 
being obtained. 

The history of the court indicates the wisdom of infrequent change in the 
personnel, by continued reelection or by lengthening the term of office. 

By chapter 193, Session Laws of 1913, a novel experiment in the election 
of justices of the supreme court and judges of the district court was inaug- 
urated. It provides that no party nomination shall be made for justices of 
the supreme court or judges of the district court. A separate ballot shall be 
provided at the general primary election for the nomination of candidates 
for these offices. Such ballot shall be headed "judicial ballot," and upon it 
shall be printed, without any party designation, the names of all candidates 
who have complied with the conditions herein stated. Any person desiring 
to become a candidate for justice of the supreme court or for judge of the 
district court may, within not more than 100 or less than 40 days preceding 
the primary election, file with the secretary of state a statement to that 
effect, accompanied by a petition requesting such candidacy, signed by quali- 
fied electors for such office to a number not less than one-fourth of one per 
cent of the total vote cast at the preceding election for the office of secretary 
of state in the state or judicial district, respectively. The filing of such 
statement and petition shall entitle him to have his name printed upon the 
judicial ballot at the primary election. In the canvass of the returns of the 
primary election, the two candidates having received the highest number of 
votes for each place to be filled shall be declared to have been nominated, 
and shall have their names printed upon the ballot at the general election 
without any party designation. 

Where two justices of the supreme court are to be chosen for the same term, 
above the names of the candidates for that term shall be printed the words 
"Vote for two," and the four candidates receiving the highest number of 
votes shall be declared nominated. If three are to be chosen, the words shall 
be "Vote for three," and the six having the highest number of votes shall be 
declared nominated. The law provides for the rotation of names on the bal- 
lots, to be furnished by the state, so that in at least one division of the state 
each candidate's name will appear at the head of the list. 

The purpose of this law is to secure a nonpartisan selection of judges. 
The result may not be a complete fruition of the hopes and expectations of 
its sponsors. The majority party may be strong enough to nominate two 
candidates for each place to be filled, or at least, after the primary, will be 



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Kansas State Historical Society. 



strong enough to elect the candidate, if only one, who is a member of that 
party. Again partisanship is an influence which, if strong enough to affect 
the decisions of a judge, will do so whether his nomination and election are 
the result of a primary or an election held under this law or otherwise. 

It is to the credit of the supreme court of Kansas that few if any of the 
decisions can be successfully challenged on this ground. 

THE NECROLOGY OF THE COURT. 

Thomas Ewing, jr., the first chief justice of the state of Kansas, born 
August 7, 1829, at Lancaster, Ohio, was a son of Thomas Ewing, Secretary 
of the Treasury in President Harrison's cabinet, and Secretary of the Interior 
under President Taylor, from which latter position he resigned when ap- 
pointed United States senator from 
Ohio to succeed Thomas Corwin, who 
had accepted the position of Secretary 
of the Treasury from President Taylor. 

Thomas Ewing, jr., private secre- 
tary to President Taylor during part of 
his administration, was a graduate of 
Brown University and the Cincinnati 
Law School. In 1857 he removed to 
Leavenworth, Kan., and became a law 
partner of the future General W. T. 
Sherman, his adopted brother and 
brother-in-law (General Sherman hav- 
ing married Ellen Ewing), and the 
future General Dan McCook, under 
the firm name of Sherman, Ewing & 
McCook. "He came to Kansas thor- 
oughly equipped for the life work 
before him. School and college had 
offered him facilities for scholarly at- 
tainments. . . . His life had been 
with men of thought and action, 
dealing with affairs of great magni- 
tude. His association with such men 
had its influence on his thoughts 
and led him to take a broader view of public questions than was usual 
with men of his age. ... He loved truth and justice, and he 
held them with unbending firmness and fearless courage in all the varying 
changes of his career. He was conservative by nature. The bent of his mind 
was rather to build up than to pull down; constructive rather than destruc- 
tive; yet when the occasion demanded he could cut to the roots, as witness 
Order No. 11 — so much criticized, and yet so beneficent that every Kansan 
should feel grateful for it." (Memorial Record, Supreme Court, 56 Kan. xv.) 

Order No. 11 was a severe but necessary measure, which effectually 
cleared the border of a population supporting the guerrillas. It was issued 
August 25, 1863, four days after the Quantrill massacre at Lawrence. The 
order was sustained by the general government, but it effected Ewing's 
defeat for nomination for Vice President in 1868. General Ewing did not 




THOMAS EWING, 
First chief justice, Kansas supreme court. 



The Supreme Court of the State of Kansas. 113 



remain in Kansas after the close of the war. He resumed his law practice in 
Washington, returning to Ohio, his native state, in 1871, and served in Con- 
gress from that state from 1877 to 1881. 

In 1882 he removed to New York City, and died January 21, 1896, from 
injuries received in a street-car accident. 

Nelson Cobb, the second chief justice of the state of Kansas, was born 
at Windham, Greene county, New York, March 19, 1811. He received a 
liberal education, studied law, and was admitted to the bar. He came to 
Kansas in 1859. He served on the supreme bench from December 28, 1862, 
to January 5, 1864, and while there he wrote the opinions of the court in 




NELSON COBB, 
Second chief justice, Kansas supreme court. 

—8 



114 



Kansas State Historical Society. 



fifteen cases. In 1864 he was defeated as a presidential elector on the Demo- 
cratic ticket, and in 1866 was nominated by the National Union state con- 
vention for chief justice, but was defeated. 

"His best memorial is in the opinions he rendered, which are to be found 
in the first and second volumes of the state reports, and which show clearly 
his remarkable powers of accurate analysis, clean and terse expression, exact 
and extensive knowledge of the law, and his high sense of justice. 

"At the expiration of his term Judge Cobb resumed practice in Lawrence 
until 1868, when he removed with his family to Kansas City, Mo., where he 
resided until his death. For ten years after his removal to Kansas City he 
was engaged in professional work. ... He died June 14, 1894, at the 
advanced age of 83 years, honored by all who had known him, and most 
beloved by those who knew him best. 

"His most distinguished mental traits were his powers of analysis and ex- 
pression. He had a remarkable faculty for seizing the essential points of a 
case, of excluding all that was merely subordinate to the principal question, 
and bringing the latter into clear light for determination." (Memorial Rec- 
ord, Supreme Court, 56 Kan. xvi.) 

"Lawrence D. Bailey was born at Sutton, Merrimac county, New 
Hampshire, August 29, 1819. He received an academic education and was 
admitted to the bar in 1846. He removed to the territory of Kansas in April, 
1857, and settled on a claim in Douglas county. The same year he removed 
to Emporia, and there opened the first law office in that part of the present 
state. 

"At the election of state officers held December 6, 1859, under the [sched- 
ule of the] Wyandotte constitution, the judges of the supreme court chosen 
were Thomas Ewing, jr., chief justice, to serve for six years; Samuel A. 
Kingman, associate justice, for four years; and Lawrence D. Bailey, asso- 
ciate justice, for two years. Judge Bailey was subsequently elected to the 
same position for a full term of six years, and held the office for eight years, 
from 1861 to 1869, when he was succeeded in January, 1869, by Daniel M. 
Valentine. 

"Subsequent to his retirement from the bench Judge Bailey devoted 
much of his time to agricultural pursuits. He served as a member of the 
legislature a number of years. He was the founder of the Kansas Farmer, 
an agricultural paper that is still published in the city of Topeka. He was 
for four years president of the Kansas State Agricultural Society and the 
State Board of Agriculture. His latter years were spent in the western part 
of the state, his home being at Garden City, in Finney county. He died at 
Lawrence, Kan., on the 15th day of August, at the advanced age of 71 years." 
(Memorial Record, Supreme Court, 47 Kan. xi.) 

Robert Crozier, third chief justice of the state of Kansas, was born at 
Cadiz, Harrison county, Ohio, October 15, 1828. He graduated at the Cadiz 
Academy, studied law, and soon after his admission to the bar was elected 
county attorney of his native county. In the fall of 1856 he came to Kansas, 
and on March 1, 1857, issued the first number of the Leavenworth Times. 
On October 5, 1857, he was elected to the territorial council, defeating John 
A. Halderman. He was United States district attorney until elected to the 
supreme court, in which capacity he served three years, the unexpired term of 



The Supreme Court of the State of Kansas, 115 



Chief Justice Ewing, after Judge Cobb. After his retirement from the su- 
preme court he was cashier of the First National Bank of Leavenworth until 
1876. In 1874 he was appointed by Governor Osborn United States senator 
to fill the unexpired term of Alexander Caldwell, resigned. In 1876 he was 
elected judge of the first judicial district, and served in that capacity for four 
consecutive terms. He died at Leavenworth on October 2, 1895. 

" Robert Crozier is dead, and because of that there now sleeps among the 
silent ones a man whose integrity challenged respect, whose endowments 
commanded admiration, and whose genial kindliness of manner knitted be- 
tween him and his friends and kin bonds that even now are not and never 
can be broken. As a federal prosecutor in the troublous days of the war he 
stood as the government's champion, steadfast and undismayed; as a national 
legislator he, with dignity and ability, represented the great state whose 
chief executive never more wisely wrought than when he selected Robert 
Crozier as our senatorial representative; but it is as a judge, as a jurist, that 
he will be remembered when his brain has become ashes, his heart has, crumb- 
ling, returned to its mother dust. Whether sitting at nisi prius or with the 
court of last resort, his keen perception, his breadth of comprehension, his 
accuracy of deduction, his marvelous memory stored to the brim, and his 
untiring patience made him the judge ideal." (Memorial Record, Supreme 
Court, 55 Kan. xix.) 

Samuel Austin Kingman, fourth chief justice of the state supreme court, 
was born in Worthington, Mass., June 26, 1818. He was educated in the 
public schools and Mountain Academy of his native town. He began teach- 
ing school in his seventeenth year. He went to Kentucky in 1837, taught 
school, studied law, was admitted to the bar, practiced law at Carrollton 
and at Smithland, Ky. He was county clerk, district attorney and member 
of the legislature, and took part in framing a new constitution for Kentucky. 
In 1857 he came to Kansas, after a year at Knoxville, Marion county, Iowa. 
He first located at Leavenworth, then removed to Hiawatha, Brown county. 
In 1859 he was a prominent and influential member of the Wyandotte con- 
stitutional convention. 

" Matchless as was his great work in the judiciary, public debt, and phrase- 
ology and arrangement committees, before the convention adjourned his 
crowning glory became the shaping and passing of the homestead provision . 



The homestead provision of the Kansas constitution was, it is believed, 
the pioneer enactment of its kind, and it was born in the brain and heart of 
Judge Kingman and placed there through his efforts. 

"Great as was Judge Kingman's work in this convention, a greater and 
much more difficult work was still before him. In 1861 he became associate 
justice of the supreme court, and was twice thereafter elected chief justice. 
It was a most fortunate thing that Kansas had in its judiciary beginnings a 
man of Kingman's temperament on the supreme bench, He carried with 
him to the court probity, a high sense of honor, and a remarkably clear power 
of analysis. He brought to that work still other qualities, among them a 
moral courage that was unassailable and a trained and disciplined mind ac- 
customed to weigh and fully consider complicated propositions. His opinions 
remain to us models of judicial literature. Among his early judicial work he 
established for all time the standard for judges to follow in jury trials. 



116 



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Kansas State Historical Society. 



"He was the best of the old generation of lawyers. His conception of the 
duties of a lawyer — one that placed his personal honor above all things — else 
could not be made to conform to the standards of modern commercialism 



" Honor is but another name for conscience, and his sense of responsibility 
to that and to his fellow man Judge Kingman never forgot to the latest hour 
of a life of pain, that was yet prolonged some sixteen years beyond the limits 
set by him who wrote: ' The days of our years are three score years and ten.' 
He lived and did his work in eventful days, and he survived to see the fruition 
of all his hopes in the great commonwealth whose foundation stones he helped 
to lay." (Memorial Record, Supreme Court, 69 Kan. vi.) 

Judge Kingman died at his home in Topeka, September 9, 1904, at the 
age of eighty-six years. 

Albert Howell Horton, the fifth chief justice of the supreme court, 
was born near Brookfield, N. Y., March 12, 1837. He received his elementary 
education in the public schools, attended an academy at Goshen, New York, 
and entered the law department of the University of Michigan in 1855, but 
was compelled to leave college because of an affliction of his eyes. He was 
admitted to the bar at Brooklyn, N. Y., in 1860, and the same year he re- 
moved to Atchison, Kan., where he was soon appointed city attorney. In 
1861 he was elected to that position, and in September Governor Charles 
Robinson appointed him judge of the second judicial district, and later he 
was twice elected to the position without opposition, but resigned to resume 
his law practice. In 1868, as presidential elector, he was elected as messenger 
to carry the vote to Washington. In May, 1867, President Grant appointed 
him United States district attorney for Kansas. He was elected to the house 
of representatives in 1872 and state senator in 1876, but resigned to accept 
the appointment of chief justice, January 1, 1877, by Governor Thomas A. 
Osborn. He was continued by election and reelection in 1878, 1884 and 1890. 
On April 30, 1895, he resigned his position on the supreme bench to resume 
his law practice at Topeka as a member of the firm of Waggener, Horton & 
Orr. Judge Horton died September 2, 1902. 

"In the death of Albert H. Horton the state of Kansas has sustained the 
loss of one whose life and work have distinguished him as a citizen, lawyer 
and judge for over forty years. Nature most generously bestowed on him a 
mind of rare clearness, force and capacity for study and mental labor and 
great strength of character. 

"As chief justice of the supreme court he contributed much of value to 
the legal literature of the country, and for over eighteen years served his 
state with untiring industry and great ability. ... He was in no 
sense a technical lawyer or judge, but looked rather to the broad principles 
of law and equity which are the safer guides to right judgment. 

"To the bar, his life is a worthy example of the influence that rectitude 
of conduct, devotion to duty and high appreciation of the dignity and re- 
sponsibility of the lawyer's office have on a successful career in the legal pro- 
fession. To the judges on the bench he has left a commendable example of 
clearness and conciseness in judicial opinions as well as of faithful, able and 
impartial performance of the duties of one who occupies a place of such emi- 
nence and importance in the determination of personal and public rights." 
(Memorial Record, Supreme Court, 65 Kan. ix.) 



The Supreme Court of the State of Kansas. 117 



David Martin, the sixth chief justice, was born at Catawba, Clark 
county, Ohio, October 16, 1839. He attended the common school until the 
age of seventeen, when he began working in a mill. Like many other men 
of mark, he prosecuted his early studies thereafter without the aid of tutor, 
and was a student all his life. He studied law in the office of J. Warren 
Keifer, Springfield, Ohio, and was admitted to the bar in 1866. Soon after, 
deciding to go west, he opened a law office in Atchison, Kan., in May, 1867. 
In a short time he was recognized as one of the leading members of the Atchi- 
son bar. 

In 1880 he was elected judge of the second judicial district, and reelected 
in 1884, both times without opposition. He resigned in 1887, and gave his 
attention to his law practice until April, 1895, when he was appointed chief 
justice to fill the vacancy caused by the resignation of Judge Albert H. 
Horton. The following year he was elected to the vacancy as a Republican, 
and served until January, 1897. 

" . . . He became not only a very thorough lawyer, but also a 
scholar of wide general information and a critical knowledge of his native 
language. He was utterly devoid of all ostentation, yet I never heard him 
criticise others for vanity or display. Toward the faults of the individual he 
was always charitable, yet he did not hesitate vigorously to denounce what- 
ever he deemed wrong in public affairs. Few men pass away, after a life so 
full of labor, so free from fault, and so worthy of emulation." (Memorial 
Record, Supreme Court, 62 Kan. vi.) 

He died at Atchison, March 2, 1901. 

" Daniel Mulford Valentine was born in Shelby county, Ohio, on the 
18th day of June, 1830. Early in his boyhood the family moved to Indiana, 
where he lived until 1854 when he moved to Iowa. During the last three 
years of his residence in Indiana he taught school, and employed his available 
time in studying law. He was county surveyor of Adair county, Iowa, from 
1855 to 1857, during which time he continued his legal studies, and on the 
9th day of March, 1859, he was admitted to the bar. He served as county 
attorney of Adair county in 1858 and part of 1859. 

"He first came to Kansas in 1858, accompanied by his wife, who is still 
living. They traveled in a one-horse rig and drove over a considerable por- 
tion of the eastern part of the state. In July of the following year Judge 
Valentine came to Kansas to locate, and settled at Leavenworth, where he 
remained about one year, when he moved to Peoria, then the county seat of 
Franklin county. He continued to reside in Franklin county until 1875, at 
the beginning of his second term as justice of the supreme court, when he 
moved his family to Topeka, where he maintained his home for the remainder 
of his life. 

"In 1862 Judge Valentine represented Franklin county in the house of 
representatives of the state legislature, and in 1863 and 1864 he was state 
senator from that county. From 1865 to 1869 he was district judge of the 
district that included Franklin, Douglas, Johnson, Bourbon, Linn, Allen, 
Miami, Crawford and Cherokee counties. 

"At the end of his term as district judge in January, 1869, he became a 
justice of this court [Supreme Court] and served in that capacity until Jan- 
uary, 1893. . . . 



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Kansas State Historical Society. 



"After his retirement from the bench Judge Valentine engaged in the 
practice of his profession in Topeka, which he continued until about two 
years before his death. 

"His personality is revealed in the decisions he has helped to make and 
in the opinions he has penned in their justification. These show not alone 
the lawyer, but the man, for his work was a part of himself, and bore the 
stamp of his individuality. And it is perhaps not unfitting that a memorial 
prepared for the present purpose should be founded upon that larger and 
more enduring memorial already provided by his own life-work, which 
speaks with an authority that can not be challenged and furnishes its own 
refutation of the mistake if its meaning be not read aright. Nothing here 
spoken can add or take from his permanent reputation as a jurist. That 
rests on the solid foundation of the record itself. 

"He did much to mold into its present shape the jurisprudence of the 
state, which was still in its formation period when he came upon the supreme 
bench, the published decisions of the court at that time, including those of 
territorial days, filling but four small volumes. 

"His mind was normal. He had no inclination to eccentricity. The con- 
clusions he reached were those that would naturally have been anticipated 
by the common judgment of the bar, and therefore commended themselves 
to the approval of practitioners generally. These traits tended to make him a 
«afe and satisfactory arbiter of legal controversies, rather than to ally his 
name with any novel and striking dogma. ... A sincere respect for 
the opinions of others and a delicate regard for their feelings, which were 
typical of his whole life, showed themselves in his every expression. Though 
he was intensely loyal to his own convictions and followed them consistently 
to their logical end, no one could have shown more consideration for those 
who differed with him. Dogmatic statement was foreign to his nature. He 
was impatient of nothing except intentional wrong. 

"These attributes were displayed not only in his attitude toward his as- 
sociates on the bench, but perhaps in even a more marked degree toward 
counsel appearing before him. His habit was to state and discuss in his 
opinions every contention made by the defeated party — a practice neces- 
sarily involving some prolixity, but one calculated to gratify the reasonable 
desire of the practitioner to know the precise grounds of a decision against 
him and the view taken of his argument. 

"His opinions were clear, explicit, matter of fact. He never sought to 
clothe them in unusual or striking forms of expression. His practical, straight- 
forward habit of thought found natural utterance in a simple, unpretentious 
style. . . . 1 He is sincerely desirous of justice and right. He is a most 
conscientious man. He is continually searching himself to see that his mo- 
tives are right; that he is not touched or swerved to the right or left by any 
prejudice springing from an unwarranted source. ' 

"While in no respect deficient in judicial gravity and dignity, the flowing 
courtesy of his manners seems to have won all hearts." (Memorial Record, 
Supreme Court, 78 Kan. vi.) 

He died August 5, 1907. 

David J. Brewer "was born June 20, 1837, in Smyrna, Asia Minor, 
where his father, Rev. Josiah Brewer, was then a missionary of the Congre- 
gational Church to the Greeks in Turkey. His mother, Emilia Field Brewer, 



The Supreme Court of the State of Kansas. 119 



was a sister of the distinguished Field brothers — David Dudley Field, the 
eminent New York lawyer. ; Cyrus W. Field, who accumulated 

a fortune . . . and spent it in laying the Atlantic cable after repeated 
ineffectual efforts; and Stephen J. Field, who while serving as chief justice 
of the supreme court of California, was by President Lincoln appointed as- 
sociate justice of the supreme court of the United States. . 

"Shortly after Justice Brewer's birth his parents returned to this country, 
locating in Connecticut. He was educated at Wesleyan University ; Mid- 
dletown, Conn., and Yale University, graduating in 1856 from the latter 
institution. He then began the study of law in the office of his uncle, David 
Dudley Field, and completed his law studies at the Albany Law School, 
from which he graduated in 1858. 

"Upon his admission to the bar Justice Brewer entered the law office of 
his uncle in New York, and was urged by relatives to remain there, but he 
determined to go west and make his own career. After traveling over the 
country, going as far west as Pike's Peak, he settled in Leavenworth, Kan., 
on the 13th day of September, 1859, and engaged in the practice of law. His 
exceptional ability was soon recognized, and in his case the probationary 
period of young lawyer was comparatively short. Step by step he began to 
climb the ladder of success, and never halted until he attained the highest 
judicial honors the nation can bestow. In 1861 he was appointed United 
States commissioner; in 1862 he was elected judge of the probate and crimi- 
nal courts of Leavenworth county; in 1864 he was elected judge of the dis- 
trict court for the first district of Kansas; in 1868 he declined a reelection as- 
district judge, and was elected county attorney of Leavenworth county; in 
1870 he was elected associate justice of the supreme court of Kansas, and 
was reelected to the same position in 1876 and again in 1882; in 1884 he was 
appointed United States circuit judge for the eighth circuit by President 
Arthur; in 1889 President Harrison appointed him associate justice of the 
supreme court of the United States, and at the time of his death he was, next 
to Justice Harlan, the oldest associate, in point of service, upon that tri- 
bunal. 

"He was president of the Venezuelan Boundary Commission, appointed 
by President Cleveland in 1896 to investigate and report upon the true divi- 
sional line between the republic of Venezuela and British Guiana. In 1899 he 
was a member of the arbitration tribunal of jurists selected by the govern- 
ments of Great Britain and Venezuela to meet in Paris and determine the 
boundary line between the colony of British Guiana and Venezuela. He 
presided over the Universal Congress of Lawyers and Jurists held at the 
Louisiana Purchase Exposition in St. Louis in 1904. He was the orator of 
the bicentennial of his alma mater, Yale University, in 1901, and the same 
year gave the Dodge endowment lecture on ' The Responsibilities of Citizen- 
ship, ' at that institution. 

"Justice Brewer had an unusually great intellectual and ethical inheri- 
tance — so great, indeed, that it seems to have dominated his energies and to 
have predetermined his career in life. With such an inheritance, and the best 
of educational advantages from childhood to manhood, it was but natural 
that he found his highest happiness and success in the consideration and ap- 
plication of questions of government, law, religion and ethics — the greatest 
questions that can concern mankind. . 



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Kansas State Historical Society. 



"He was a prodigious worker, and was in great demand for addresses be- 
fore gatherings of widely different character. He met the demands, even to 
delivering courses of lectures to law students, cheerfully. His utterances 
were uniformly finished, thoughtful and uplifting. While he essayed no ora- 
torical flights, he held his audience in rapt attention and clothed his loftiest 
ideas in simple language comprehended by all hearers. He discussed legal 
and political questions freely in public, but never as a partisan. He mingled 
with all classes of people with whom he came in contact in such a cordial and 
democratic manner as, without any desire on his part, to elicit comparison 
unfavorably to some of his associates on the supreme bench. He was easily 
accessible to all who had any reasonable pretext for intruding upon his at- 
tention; was a good story teller, and alert to the humorous side of his personal 
experiences, around which he builded many entertaining narratives. 

"As a judge he was classed as a strict constructionist; was opposed to the 
idea of amending the constitution by interpretation; was jealous of the en- 
croachment of the United States courts upon the jurisdiction of the state 
courts. As between the sovereignty of the state and individual rights and 
privileges, he was classed as an individualist His concurring opinion in the 
Northern Securities case (193 U. S. 197) illustrates his caution that the court 
should not transcend an act of Congress. What is called the 'White Slave' 
case (Kellar v. United States, 213 U. S. 138) illustrates his scrupulous care to 
maintain the rights of the individual and the police power of the states, if 
impinged upon by an act of Congress. 

"Kansas loved Brewer and venerates his memory. We claim him as a 
Kansan — our contribution to the nation. From his first coming to us as a 
youth to his departure from earth he acknowledged no other residence, and 
when death seemed as distant to him as to-day it seems to us, he desired that 
his body be buried, as in time it was, 'at home'." (Memorial Record, Su- 
preme Court, 83 Kan. vi.) 

He died in the city of Washington, D. C, on the 28th day of March, 1910. 

Jacob Safford was born August 27, 1827, at Royalton, Vt., and educated 
at Oberlin, Ohio. He was admitted to practice law at Norwalk, Ohio, in 
1854, and in 1855 went to Nebraska City, Neb., where he practiced law. He 
also served two winters in the Nebraska territorial legislature. In 1858 he 
settled in Lawrence, Kan., but soon removed to Tecumseh, removing to 
Topeka when the county seat was removed to that city, where he resided 
until his death. 

"Judge Safford came here in territorial times, and it is sufficient evidence 
of his standing as a lawyer, that the people of the judicial district embracing 
the capital of the state, at the first election under the state organization, 
chose him for district judge. He so acceptably served in that capacity that 
his reputation for legal learning extended beyond the limits of his district, 
and at the close of his term he was elected one of the justices of the supreme 
court. The record of his services upon the bench are in the volumes of our 
reports, and show abundantly that with increasing years and experience he 
would rank with the best in his profession. . . . His life was short. 
He died in his full manhood, just when the accumulated learning and ex- 
perience of his past might have been useful to himself and society." (Mem- 
orial Record, Supreme Court, 33 Kan. ix.) 

He died at his home in Topeka, on July 2, 1885. 



The Supreme Court of the State of Kansas. 121 



Theodore A. Hurd was born at Pawling, Dutchess county, New York, 
December 1, 1819. He graduated at Casenova Academy at an early age. 
After leaving school he taught for two years in Virginia, but returned to New 
York to read law in the office of Horatio Seymour, of Utica. Subsequently 
he studied in the office of B. Davis Nixon, and graduated with the law class 
of 1847 and was admitted to practice. Within a short time he entered into 
partnership with Judge Joshua A. Spencer. In 1854 business brought him 
to Kansas, and he was so pleased with the spirit of the New West that he 
determined to make the territory his home, and in 1859 he settled in Leaven- 
worth, and the same year became a partner of H. Miles Moore. When Mr. 
Moore entered the army the partnership was dissolved, and after that Judge 
Hurd remained alone, being attorney for the Kansas Pacific Railroad and 
other corporations. In 1884, when Judge Brewer resigned to accept the 
position of United States circuit judge, Governor George W. Glick appointed 
Judge Hurd to fill the vacancy on the state supreme court, which position 
he held from April 9, 1884, until December 1, 1884, when he was succeeded 
by the present Chief Justice W. A. Johnston, who had been elected at the 
November election to fill the unexpired term of Judge Brewer. 

" Distinguished for his probity, with unfailing courtesy and free from the 
asperities of the law, he won the good opinion of all who knew him. His 
diligence and assiduity were remarkable, commanding the respect of clients 
and acquaintances, and insured the professional success he signally deserved. 
In trial courts, his familiarity with the practice, together with the polish that 
comes from association with the most accomplished lawyers of his day, 
taught lessons in grace, dignity and decorum to the youngest members of 
the bar. He treated the court with just respect, cited industriously, and 
fairly applied the law. Before the courts of last resort his ripe attainments 
and well known character for candor and honest discrimination gave him 
audience and consideration second to none. 

"His appointment as associate justice of the supreme court of Kansas, 
and his services as such, met with universal approval." (Memorial Record, 
Supreme Court, 60 Kan. vii.) 

Judge Hurd died on the 27th day of February, 1899. 

Abram Halstead Ellis was born in Cayuga county, New York, May 21, 
1847, being fifty-five years of age at the time of his death. "While yet a 
child he removed with his parents to Eaton county, Michigan, and received 
his education at Battle Creek. When only sixteen years of age he enlisted 
in the War of the Rebellion and saw service during the last two years of it 
with the Seventh Michigan cavalry. He was admitted to the bar in Michigan 
in 1872, and there practiced until 1878, when he removed to Beloit, Kan., 
where he ever after resided and followed his profession. He received many 
honors from his neighbors and political associates, serving as county attorney 
of Mitchell county and as delegate at large to the Republican national con- 
vention of 1892. . . " . When this court was increased by the constitu- 
tional amendment of 1900, he was appointed justice by Governor W. E. 
Stanley, and served from January [15], 1901, to the date of his death, Sep- 
tember 25, 1902. 

"Before going upon the bench Justice Ellis was the leading lawyer of 
northwest Kansas for twenty years. 



122 



Kansas State Historical Society. 



"The zeal with which he undertook his new work, the anxiety to write 
his first opinion, the pride he took in the form of it, were as refreshing as a 
spring morning, and the memory of it dries the tears. 

"Any tribute to Justice Ellis would be incomplete without mention of 
his delightful home life. . . . There was a comradery between the 
husband and wife, the father and sons, that was more than common. An 
old-time disciple of Confucious said that 'a great man is he who does not 
lose his child heart,' and Justice Ellis never lost his child heart." (Memorial 
Record, Supreme Court, 65 Kan. vi.) 

His was the first death of a judge of the supreme court while sitting a 
member of it. He died at Topeka, September 25, 1902. 

"Edwin W. Cunningham was born in Clarksfield, Ohio, August 31, 1842, 
and there resided until 1866. His education began in the country district 
schools and was continued at Baldwin University, Berea, Ohio, and at Hills- 
dale College, Michigan, where he was graduated in 1866. He enlisted as a 
private in company D, One Hundred and First Ohio volunteer infantry, in 
July, 1862, and was discharged after one year's service. He then enlisted in the 
regular service as a hospital steward, and served until January, 1864. . . . 
In the fall of 1867 he became superintendent of schools at Milan, Ohio. 
After one year he accepted a similar position at Urbana, 111., where he re- 
mained for one year. He was admitted to the bar in June, 1869, and the 
following month located at Emporia, Kan., for the practice of his profession. 
He was probate judge of Lyon county for three terms." 

Appointed in 1901 by Governor W. E. Stanley on the enlargement of the 
supreme court, he was nominated and elected for the two-year term in 1902, 
and renominated and reelected in 1904 for a full six-year term. He died 
August 10, 1905, at Boulder, Colo. 

"When Death entered the court for the second time in its history and 
took our brother from the bench, the court and the profession sustained a 
loss which can not easily be measured. For more than a third of a century 
he was actively engaged in the practice of the law, and his professional career 
was marked by close application, steady growth, and a high sense of the 
obligations which rest upon a lawyer. During that time he appeared fre- 
quently in this court in varied and important litigation, and his learning, 
integrity and fairness gained for him the confidence of the court, the respect 
of his opponents and the esteem of all. His reputation as a lawyer extended 
far beyond his place of residence, and when the membership of the court was 
increased by constitutional amendment, the governor, himself a lawyer, who 
understood and appreciated the functions and dignity of the judicial office, 
named Judge Cunningham as one especially fitted for the plac — an appoint- 
ment which was twice ratified by the people at the polls. It is a striking 
fact, and one which illustrates the vicissitudes of life, that of the seven judges 
who constituted the reorganized court in 1901, only two remain on the bench. 

"Justice Cunningham brought to the bench the industry and learning 
which distinguished him in the practice, a broad experience in the affairs of 
life, a high appreciation of the importance of the judicial office, and an in- 
tense earnestness to perform his duty in a way to merit the approval of the 
lawyers and the people. How well he measured up to this high ideal has 
been well told . . and may be learned from his opinions voicing the 
judgment of the court, which show careful consideration, impartiality, and a 
sound judgment." (Memorial Record, Supreme Court, 70 Kan. vi.) 



The Supreme Court of the State of Kansas. 123 



Adrian L. Greene became a member of the supreme court on January 
15, 1901, by appointment of Governor W. E. Stanley, and was elected No- 
vember, 1902, for a full term of six years. 

Justice Greene was "born in Canton, Mo., on the 10th of April, 1848, 
and resided there until his seventeenth year, when the family moved to 
Saline county, Missouri, where he remained for five years. He was a farmer's 
son, and except for a short time spent in school in St. Louis, only such edu- 
cational advantages as were offered by the common schools of the locality 
in which he lived were available to him. But he was not discouraged by such 
limited opportunities. While yet assisting his father upon the farm he began 
the study of law, and his persistence was rewarded by his admission to the 
bar in 1871. He at once began the practice of his profession, locating at 
Miami, Mo. 

"In the fall of 1871 Justice Greene came to Kansas and established him- 
self in the town of Newton, which for more than a third of a century con- 
tinued to be his home. . . . His name appears upon the records of 
the district court of Harvey county as attorney for the plaintiff in case No. 1. 
His character, ability and industry soon won for him the confidence and 
esteem of his fellowmen, and in his long career as a counselor and advocate 
his conduct was ever consistent with the strictest requirements of probity 
and fidelity. 

" His determination to continue the performance of his duties during the 
last days of his participation in the labors of the court furnished a pathetic 
illustration of one trait of his character. For many years he had suffered 
from the malady which caused his death, and although his physical condi- 
tion at the time was such as to cause apprehension and quicken the solicitude 
of his associates on the bench, he insisted upon sitting with the court at its 
June, 1907, sessions and taking part in the following consultations. Toward 
the close of the latter, however, and while thus engaged, his illness became 
so serious that it became necessary to transport him to his home." 

"As a member of this court his work was worthy of its best traditions. 
He had a firm grasp upon fundamental principles and never shirked from 
severe and logical thinking. In consultation, the friction of mind upon mind 
served to exhilarate his own faculties and to sustain the momentum of his 
own thought, but never to overcome the integrity of his own intellectuality. 
His opinions are distinguished for precision, reserve of statement and the 
weighing of words. The strength of his passion against the dishonest and 
unconscionable may be judged from the memorandum opinions which he 
filed in disposing of two noted cases involving conduct of that character — 
one that of a lawyer who pleaded an iniquitous agreement in justification 
of the detention of property not his own, and the other that of a professional 
violator of law who besought the aid of a court of equity to protect him from 
prosecution so that he might pursue his criminal vocation. His heart was 
so tender that his voice would choke and his eyes fill with tears when pre- 
senting . . . some story of human affliction. His noble fortitude and 
devotion to duty in striving day after day to deal adequately with the cease- 
less stream of cases which pours in upon the court while only the half of one 
of two necessary organs of his body was left to perform a vital function 
should be one of the cherished heritages of the people of this commonwealth. 



"As a citizen Judge Greene was active in the promotion of every interest 



124 



Kansas State Historical Society. 



of his community, educational, moral and material. He was a genial com- 
panion, a true friend and a fair opponent. His sallies of humor and his good- 
natured rallying and kindly banter of his associates are among the pleasant 
things of their recollections." (Memorial Record, Supreme Court, 76 Kan. 
vi.j 

He died at Battle Creek, Mich., July 28, 1907, being the third of Governor 
Stanley's appointees and the third member of the court to die during his 
term of service. 

Charles Burleigh Graves "was born in Wayne county, Ind., No- 
vember 13, 1841. When ten years of age he moved with his parents to Fulton 
county, Illinois. In 1859 he, with his father's family, came from Illinois to 
Kansas and settled in Woodson county. On November 15, 1861, he enlisted 
in Captain Goss's company of the Iola battalion of ' Home Guards. 
On January 16, 1862, Judge Graves, with his company, was regularly mus- 
tered into the service of the United States. . . . Judge Graves served 
three years and three months in the army. 

"After returning from the army Judge Graves engaged in farming and 
the milling and lumber business until 1868, when he began reading law in 
the office of Judge H. H. Bent, at Burlington. He was admitted to practice 
at Burlington in 1869, and began the practice at Neosho Falls. In 1872 he 
became a member of the law firm of Talbot, Talbot & Graves. In 1875 he 
moved to Burlington and formed a partnership with one Silas Fearl. In 1876 
he was elected county attorney of Coffey county and served two terms. In 
1880 he was elected judge of the fifth judicial district, composed of Lyon, 
Osage, Coffey and Chase counties, and served for three terms, his first term 
commencing in January, 1881, and his last term ending in January, 1893. 
In March, 1883, he moved to Emporia. 

"Upon the death of Justice E. W. Cunningham, in August, 1905, Governor 
Hoch appointed Judge Graves one of the justices of this court. He was 
elected at the regular election in 1906 and served until January, 1911. 

"A lawsuit to him was not a contest of skill, where superior adroitness 
was to be rewarded by victory, but a search for truth; not a controversy 
over abstract propositions, but an effort to discover and apply the rule that 
right and justice required in the very matter in hand. He was ever direct 
and to the point. His words were few because he weighed them well, and 
they carried force accordingly. 

"These traits show clearly in his written opinions, which disclose a vigor 
of grasp, a clearness of perception and a force of expression that make them 
a permanent and valuable addition to the literature of the law. But they 
are also an interesting study as a revelation of the peculiar quality of his 
mind. They are terse, crisp, pointed. They go directly to the question on 
which the decision turns. They contain little that is merely incidental, less 
that is extraneous, and nothing that is only ornamental or inserted by way 
of rhetorical flourish. 

"It is worthy to remark that in what was perhaps the only instance in 
which he ever inserted in an opinion matter not bearing directly upon the 
question at issue, he paused in his discussion to pay a tribute to the record 
and character of the trial judge whose decision was under review, and whose 



The Topeka Movement. 



125 



recent retirement from the bench made the comment pertinent. The well- 
spoken words which he then spoke of another may now fitly be said of him: 

" 'His thorough knowledge of legal principles and his clear perception of 
natural justice made him perculiarly fitted for judicial service, and con- 
tributed in a large measure to the success which gave him prominence as a 
jurist and caused him to be generously recognized as an able and impartial 
judge'." (Memorial Record, Supreme Court, 87 Kan. vi.) 

He died at his home in Emporia, on March 25, 1912. 



THE TOPEKA MOVEMENT. 

UNDER the title of "Historical Archives," the Topeka Commonwealth of 
Saturday, June 7, 1879, published the following: 

"Hon. Joel K. Goodin 1 has made a very valuable deposit in the collections 
of the State Historical Society, consisting of the original records of the free- 
state provisional government of Kansas, which was organized at the Big 
Springs convention September 5, 1855, under the name of the Free State 
Executive Committee. Of this committee, Charles Robinson was the first 
chairman, James H. Lane afterwards succeeding him. Joel K. Goodin was 
secretary during the existence of the committee, and kept all its records, 
which he ,has held in his possession until now. He transmits them to the 
Historical Society with the following letter: 

" 'Ottawa, Franklin Co., Kansas, June 2, 1879. 
" 'F. G. Adams, Esq., Secretary State Historical Society, Topeka, Kansas: 

" 'Dear Sir — I send you to-day by express, a copy of the Journal of the 
House of Representatives under the Topeka Constitution; also the record 
of the Executive Committee — which Committee was the Provisional Gov- 
ernment up to the time of the adoption of the "Topeka Constitution" and 
election of State officers thereunder, &c; also a full record of the expendi- 
tures of , the Provisional Government up to the time of delivering the same 
over to the State Government, with number and amount of each piece of 
scrip issued, and to whom issued, and for what services. In those days that 
tried men's souls and soles, it may be deemed remarkable that without a 
dollar in money, we were able to hand over our trust to the State Legislature 
with an expenditure of only $15,265.90 in scrip, bearing the signature of the 
President and Secretary of the Executive Committee only as indorsement 
that it must be received as legal tender, by all Free State men. In the same 
book you will find the autographs of the officers and members elected to the 



Note 1. — Joel Kishler Goodin was born in Perry county, Ohio, February 24, 1824. His 
father's name was John Goodin, his mother's Elizabeth Kishler Goodin. His father was of Scotchr 
English descent; his mother of German descent. His father was treasurer of Seneca county, 
Ohio, for eight or ten years; also was elected senator in the Ohio state legislature in 1840. 

Joel K. Goodin studied law in Kenton, Ohio; married Miss Elizabeth Christ in Bucyrus, Ohio, 
on January 8, 1849; removed to Kansas territory on May 16, 1854, locating on a land claim four 
miles south of Lawrence. Mr. Goodin was the first justice of the peace of Kansas territory, being 
appointed by Governor Reeder on January 3, 1855. He was active in the various free-state con- 
ventions of 1855, and was a delegate to the Big Springs convention and to the Topeka convention 
to consider the forming of a state government. He acted as vice president of the Topeka con- 
vention, and by that body was appointed one of the executive committee which was the provisional 
government of the territory. He was selected by that committee as its secretary, serving in that 
capacity until the inauguration of state government under the Topeka constitution. He was 
elected to the Kansas state house of representatives in 1866 and in 1867, from Douglas county. 
He was a member of the I. O. O. F. lodge since 1846 and was one of the charter members of the 
Grand Lodge in Kansas. He practiced law as a profession, locating in Ottawa, Kan., in 1871. 
He died at the residence of his son, in Ottawa, on December 9, 1894, and was buried in Hope 
cemetery near that city, where a plain monument marks his grave. 

In volume four of the Kansas Historical Collections, pp. 273-274, James F. Legate, who knew 
Mr. Goodin well, has paid his statesmanship a wonderful tribute. Among other things he says, 
"He led us through the dark ways by the light of his brain." Of the Executive Committee and 
Mr. Goodin's work as its secretary he makes the following statement" "This executive com- 
mittee was the Moses that led us across the sea of oppression* ... he was the soul and 
the brain and executive power of that committee. . . . Yet the underbrush of forgetfulness 
has so grown that but few in Kansas know that Joel K. Goodin ever lived. " 




GENERAL JAMES H. LANE, 
Chairman Executive Committee of Kansas. 



The Topeka Movement. 



127 



Topeka Constitutional convention, with their residence, occupation, nativity, 
age, condition in life and politics, secured by me as Secretary of the Execu- 
tive Committee, and for the purposes indicated in the heading. I trust the 
financial condition of our State Society ere long will be such as to allow the 
original idea to be carried out, as I had a premonition at the time that this 
would be an acquisition in our state history of no mean: value. At least it is 
a flat contradiction of the pro-slavery inuendo, that we were all abolitionists 
from Boston, Massachussetts, and hired to come to Kansas by the Emigrant 
Aid Society. 

" 'I also send you the representative of $25, money actually paid out by 
me for board, lodging and traveling expenses, as Secretary. I have yet re- 
maining some $800 of the same kind of currency, taken in lieu of actual cash 
paid out. 

" 'These relics are very dear to me, and I have hugged them to my heart 
of hearts, with great pertinancity, as souvenirs of early Kansas life. The 
more so as I see from year to year the old men and women, who bore the 
brunt, and suffered the privations of early pioneer life, are being not only 
ignored, but attempted to be forgotten by the would be stalwarts of more 
modern advent. Yet having recently been impressed with the idea, that 
they might be lost to the Society, and the future history of the state, have 
decided to send them. I have in my library all the volumes I have ever seen 
written on Kansas, as also a complete file of the "Herald of Freedom," but 
presuming that you already have what I am possessed of, do not send them. 
The amount of labor that you are putting in to gather up the odds and ends 
of our early history is commendable, and I do trust they will be safely guarded 
and protected from fire and vandalism. 

" 'Accept these from me with the kindest recollections of your enterprise 
and labors in the interests of the most patriotic, submissive, yet the most 
determined, manly and heroic of God's humanity that ever settled a new 
country since the days of our early fathers. Very respectfully, 

J. K. Goodin.' " 

RECORD OF THE EXECUTIVE COMMITTEE OF KANSAS 
TERRITORY. 

The subject matter of the formation of a Constitution for Kansas with a 
view to its admission into the Union as a State, has for many months en- 
grossed the minds of its citizens. After having exhausted to all human ap- 
pearances every plan for such redress of our greivances as would satisfy us 
as Free-men, after having petitioned for succor in our great helplessness and 
real need, after having remonstrated against the outrages which had been 
perpetrated upon us, after having denounced as illegal, anti-american, un- 
parralled, and unkind the usurpation of our rights in the bringing of armed 
mobs to control our elections in two instances, (said mobs coming from and 
residing in foreign states,) our supplications, remonstrances and denunci- 
ations, but brought down upon us a rule of tyranny worse than Russian 
serfdom. A Legislature was attempted to be foisted upon us, in the choice 
of which our citizenship had no voice. Mis-named laws were passed by that 
body, (whom we have [believed] and still beli[e]ve to have been convened in 
contravention of law or precedent) of a character the most humiliating and 
debasing to an American Citizen if carried out, (and the present Government 
Official Wilson Shannon has expressed his intention to the effect they shall be, 
both in letter and in spirit, in part and in whole). The right of speech stifled, 
the muzzling of the Press attempted, the right of suffrage wrested from us, 
and for the paltry sum of One Dollar per-head transferred to any and all, 
without refference to their residence or citizenship. Debarred from the priv- 



128 



Kansas State Historical Society. 



ilege of a voice in the election of the most insignificant officers, and in a word 
making us white Slaves in every sense, it cannot be wondered at, that some 
such remedy as that of seeking admission as a State into the Union should be 
revolved in the minds of an oppressed and grossly outraged people. The 
first movement made to this great end, was that of a published call gotten 
up by C. K. Holliday & J. K. Goodin made on the 15th day of August 1855, 
for a meeting to be held in Lawrence, at which time and place the Territory 
was largely represented by the Sovereign Squatters therein, which read as 
follows : 

"mass meeting. 

"The Squatters of Kansas Territory without distinction of party will 
assemble in mass meeting at Lawrence on Wednesday 15th day of August 
at 3 o'clock P. M., to take into consideration the propriety of calling a Ter- 
ritorial Convention preliminary to the formation of a State Government, 
and other subjects of public interest. 

Aug. 15th, 1855.. (Signed) Many Citizens." 

Pursuant to the call a large convention of the people irrespective of party 
met, and adopted the following Preamble and Resolution (which was re- 
ported by a committee of five appointed by the Convention,) with but one 
dissenting voice. The Committee consisted of G. W. Smith, C. K. Holliday, 
C. Robinson, John Brown jr. and A. F. Powell. 

" Whereas, The people of Kansas Territory have been since its settlement, 
and now are without any law-making power; therefore, be it 

"Resolved, That we the people of Kansas Territory in Mass Meeting as- 
sembled, irrespective of party distinctions, influenced by a common necessity, 
and greatly desirous of promoting the common good, do hereby call upon 
and request all bona fide citizens of Kansas Territory, of whatever political 
views or predelictions, to consult together in their respective election dis- 
tricts, and in Mass Convention or otherwise, elect three Delegates for each 
Representative to which such District is entitled, in the House of Represen- 
tatives of the Legislative Assembly, by Proclamation of Gov. Reeder of date 
10th March 1855: Said Delegates to assemble in Convention at the Town 
of Topeka, on the 19th day of September 1855, then and there to consider 
upon all subjects of public interest, and particularly upon that having ref- 
erence to the speedy formation of a Constitution, with an intention of an 
immediate application to be admitted as a State into the Union of the 'United 
States of America.' " 

At a delegate convention held at Big Springs in Kansas Territory on the 
5th of September 1855, called to "take into consideration the present ex- 
igency of political affairs in Kansas Territory, and the nomination of a Dele- 
gate to represent her people in the Thirty fourth Congress of the United 
States," Mr. John Hutchinson, desiring an endorsement of the convention 
of the "Peoples Convention," offered the following resolution which was 
agreed to. 

"Resolved, That this Convention, in view of its recent repudiation of the 
acts of the so called Kansas Legislative Assembly, respond most heartily to 
the call made by the "Peoples Convention" of the 15th ult, for a delegate 
Convention of the people of Kansas Territory, to be held at Topeka on the 
19th inst: to consider the propriety of the formation of a State Constitution, 
and such other matters as may legitimately come before it." 

On the 19th day of September 1855, the "Peoples Convention" assembled 
at the Town of Topeka, and organized by the election of Wm Y. Roberts of 
Big Springs as President, J. A. Wakefield, P. C. Schuyler, L. P. Lincoln, 



The Topeka Movement. 129 

J. K. Goodin, S. N. Latta, and R. H. Phelan, Vice-Presidents. E. D. Ladd, 
J. H. Nesbit, & M. W. Delahay Secretaries of the Convention. A business 
committee consisting of G. W. Smith, S. Mewhinney, J. A. Wakefield, C. K. 
Holliday, L. P. Lincoln, Hamilton Smith, J. A. Nesbit, T. J. Addis, Thomas 
Jenner, J. B. Chapman, H. M. Moore, M. J. Parrott, G. W. Deitzler, P. C. 
Schuyler, and J. D. Wood, were appointed on motion of G. W. Smith. 
Col. J. H. Lane, moved the following resolution which was adopted: 

"Resolved, That a committee consisting of Eighteen members appointed 
one from each election district as far as the said districts are represented in 
this convention, and when said districts are exhausted, from those actually 
in attendance at this Convention; and that they be clothed with full power 
to write, print and circulate an Address to the people of this Territory and 
to the Civilized World, setting forth our grievences, the policy we have been 
compelled to adopt, and which we have determined at all hazzards to carry 
out." 

The report of the "Business Committee" was unanimously adopted and 
is as follows: 

" Whereas, The Constitution of the United States guarantees to the people 
of this Republic the right of assembling together in a peaceable manner for 
the common good, to 'Establish justice, ensure domestic tranquillity, pro- 
vide for the common defence, promote the general wellfare, and secure the 
blessings of Liberty to themselves and their posterity,' and 

" Whereas, The Citizens of Kansas Territory were prevented from electing 
members of the Legislative Assembly in pursuance with the Proclamation 
of Gov. Reeder on the 30th of March last, by invading forces from foreign 
States coming into the Territory and forcing upon the people a Legislature 
of non-residents and others inimical to the people of Kansas Territory, de- 
feating the object of the organic act, in consequence of which, the Territorial 
Government became a perfect failure, & the people were left without any 
legal Government until their patience has become exhausted, and endurence 
ceases to be a virtue, and they are compelled to resort to the only remedy 
left, that of forming a government for themselves, Therefore, 

"Resolved, by the people of Kansas Territory in Delegate Convention 
assembled, That an election should be held in the Several election precincts 
of this Territory on the Second Tuesday of October next, under the regula- 
tions and restrictions herein after imposed, for members of a Convention to 
form a Constitution, adopt a Bill of Rights for the people of Kansas and take 
all needful measures for organizing a State Government preparatory to the 
admission of Kansas into the Union as a State. 

"Resolved, That the apportionment of said Delegates shall be as follows: 
Two Delegates for each Representative to which the people were entitled in 
the Legislative Assembly by Proclamation of Gov. Reeder of date 10th 
March 1855." 

"Resolved, That a committee of seven be appointed by the chair, who shall 
organize by the appointment of a Chairman and Secretary. They shall keep 
a record of their proceedings, and shall have the general superintendence of 
the affairs of the Territory so far as the organization of a State Government, 
which committee shall be styled the 'Executive Committee of Kansas Ter- 
ritory. ' 

"Resolved, That it shall be the duty of the 'Executive Committee of Kan- 
sas Territory' to advertise said election at least fifteen days before the second 
Tuesday in October next, and to appoint three Judges thereof for each Pre- 
cinct, and the said Judges of each Precinct shall appoint their Clerks, all of 
whom, shall be duly sworn or affirmed to discharge the duties of their re- 
spective offices impartially, and with fidelity, and they shall have power to 
administer the oath or affirmation to each other; and the said Judges shall 
open said election at 10 o'clock A. M. at the place designated in each precinct 
by said Executive Committee and close the same at 4 o'clock P. M.; and 
in case any of the officers appointed fail to attend, the officer or officers in 
—9 



130 Kansas State Historical Society. 

attendance shall supply the vacancy or vacancies; in the event of them all 
failing to attend, ten qualified voters shall supply their places; and the said 
Judges shall make out duplicate returns of said election seal up and transmit 
one copy of the same within five days to the Chairman of the Executive 
Committee to be laid before the Convention; and they shall within ten days, 
seal up and hand the other to some member of the Executive Committee." 

"Resolved, That the 'Executive Committee of Kansas Territory' shall 
announce by Proclamation, the names of the persons elected Delegates to 
said Convention, and in case the returns from any precinct should not be 
completed by that day, as soon thereafter as practicable, and in case of a 
tie, a new election shall be ordered by the 'Executive Committee' giving 
five days notice thereof, by the same officers who officiated at the first elec- 
tion." 

"Resolved, That the said Convention shall be held at Topeka on the 4th 
Tuesday of October next, at 12 o'clock M. of that day." 

"Resolved, That a majority of said Convention shall constitute a quorum, 
and that the said Convention shall determine upon the returns and qualifi- 
cations of its members, and shall have and exercise all the rights, privileges 
and immunities incident to such bodies, and may adopt such rules & regula- 
tions for its government as a majority thereof may direct. If a majority of 
said Convention do not assemble on the day appointed therefor, a less number 
is hereby authorized to adjourn from day to day." 

"Resolved, That in case of the death, resignation, or non-attendance of 
any Delegate chosen from any District of the Territory, the President of the 
Convention shall issue his writ ordering a new election on five days' notice, 
to be conducted as heretofore directed." 

"Resolved, That all white male inhabitants, citizens of the United States, 
above the age of twenty one years, who have had a bona fide residence in the 
Territory of Kansas for the space of thirty days' immediately preceeding the 
day of election, shall be entitled to vote for Delegates to said Convention, 
and all white male inhabitants, citizens of the United States, above the age 
of twenty one years, who have resided in the Territory of Kansas for the space 
of three months' immediately preceeding the day of election, shall be eligible 
as Delegates to said Convention." 

"Resolved, That if, at the time of holding said election, it shall be incon- 
venient, on account of Indian hostilities, or any other cause whatever, that 
would disturb or prevent the voters of any election precinct in the Territory, 
from the free and peaceable exercise of the elective franchise, the officers are 
hereby authorized to adjourn said election into any other Precinct in the 
Territory, and to any other day they may see proper, of the necessity of 
which they shall be the exclusive Judges, at which time and place the quali- 
fied voters may cast their votes." 

"Resolved, That no person shall be entitled to a seat in the Convention, 
at its organization, except the members whose names are contained in the 
Proclamation of the Chairman of the Executive Committee. But after the 
Convention is organized, seats may be contested in the usual way." 

"Resolved. That the members of the Convention shall receive as a com- 
pensation for their services, the sum of Three Dollars per day, and three dollars 
for every twenty miles travel to and from the same, and that Congress be 
respectfully requested to appropriate a sufficient sum, to defray the necessary 
expenses of said Convention." 

"Resolved. That on the adoption of a Constitution for the State of Kansas, 
the President of the Convention shall transmit an authenticated copy thereof, 
to the President of the United States, to the President of the Senate, to the 
Speaker of the House of Representatives; to each member of Congress, and 
to the Governor of each of the several States of the Union, and adopt such 
other measures as will secure to the people of Kansas, the rights and privi- 
leges of a Sovereign State." 

The Committee on Address were vested with authority to notify the peo- 
ple of the several Districts of the Territory, of the coming election, by hand- 
bills, public-addresses, and otherwise, as they may think proper, and were 
composed of the following persons. "J. H. Lane, W. Y. Roberts, Hamilton 



The Topeka Movement. 



131 



Smith, P. C. Schuyler, H. Miles Moore, J. S. Emery, A. M. Jordan, M. W. 
Delahay, E. D. Ladd, G. W. Deitzler, J. A. Wakefield, Samuel C. Smith, Thomas 
J. Addis, J. H. Nesbit, L. P. Lincoln, John Speer, G. W. Brown, S. N. Latta, 
James Pierce, G. W. Smith and M. Hunt." 

The "Executive Committee of Kansas Territory" was announced by the 
President to be composed of the following names: 

J. H. Lane. P. C. Schyuler. 

C. K. Holliday. G. W. Smith. 

M. J. Parrott. G. W. Brown, 

and J. K. Goodin. 




G. w. BROWN, 
Editor Herald of Freedom. 

September 20th '55 5 O'clk. P.M. 

The "Executive Committee of Kansas Territory" met at the house of 
E. C. K. Garvey Esq. in Topeka and organized by the election of James H. 
Lane Esq. as chairman, and J. K. Goodin Secretary. 

On motion Committee adjourned to meet in Lawrence on (to-morrow,) 
21st inst. at 2 O'clock P. M. J. K. Goodin Secy. 

Friday Sept 21 2 O'clk P. M. 1855. 
Committee met at house of Dr. C. Robinson, and took into consideration 
the powers and duties expressed and implied in the report of the business 
Committee at the Topeka Convention. The following is the result of their 
deliberations. 



132 



Kansas State Historical Society. 



The Territory was lain off into districts for canvassing purposes to wit: 
and meetings for public speaking are to be held at the time and place stated. 

1st Dist. 



At Pawnee on Thursday Sept 27th at 2 O'clk. P.M. 

" Manhattan " Friday " 28th " 12 " M. 

" Juniatta " " " " " 3 " P.M. 

" Rock Creek " Saturday " 29th " 2 " 

" Marysville " Monday Oct 1st " 1 " " 

" Moorestown " Tuesday " 2nd " 2 " " 

" St Mary's Mission " Wednesday " 3rd " 11 " A.M. 

" Silver Lake " " " " " 3 " P.M. 

" Indianola " Thursday " 4th " 1 " " 

" Osawkee " Friday " 5th " 2 " " 

" Grasshopper Falls " Saturday " 6th " 2 " " 



SPEAKERS 

J. S. Emery, W. M. Patterson, J. B. White, Isaac Goodnow, Charles Albright, M. Hunt, Rev. 
Lovejoy, Rev. E. B. Blood, Rev. Dennison, Dr. Hunting, E. Thurston & others. 

2nd District. 



At Adams School House on Monday Sept. 24th at 3 O'clk. P.M. 

" Benicia " Tuesday " 25th " 2 " " 

" Bloomington " Wednesday " 26th " 2 " " 

" Washington " Thursday " 27th " 10 " A.M. 

" Tecumpseh " " " " " 3 " P.M. 

■" Topeka " Friday " 28th " 1 " " 

■" Brownsville " Saturday " 29th " 2 

*' Waubonsa " Monday Oct. 1st " 2 " " 

" Mill Creek " Tuesday " 2nd " 1 

" Council Grove " Wednesday " 3rd " 2 " " 

" One Hundred & Ten " Thursday " 4th " 1 

* Council City " Friday " 5th " 2 " 

" Willow Springs ..." Saturday " 6th " 2 " " 



SPEAKERS. 

G. W. Smith, W. Y. Roberts, G. P. Lowry, Lyman Allen, A. M. Jourdan, P. C. Schuyler, L. R. 
Adams, S. C. Smith, F. W. Giles, A. Curtiss, L. Macy, Judge John Curtiss, R. G. Elliott and others. 

3rd District. 



At Fish's Store 


on Monday 


Sept 24th at 


2 O'clk P.M 


" Ft. Scott 


" Friday 


" 28th " 


1 " 


" Stockton's Store, on Little Sugar Creek. , 




" 29th " 


1 " 


" Elijah Tucker's, on Big Sugar Creek 


" Monday 


Oct 1st 4< 


2 " 


" Ossawattomie 


" Tuesday 


2nd " 


1 " 


" Mr. Partridge's on Pottawattomie Creek.. 




3rd " 


2 " 






4th " 


2 " 


*' Springfield 


" Friday 


5th " 


2 " 


Lane 


" Saturday 


6th " 


2 " 






Sept 29th " 


1 " 






Oct 1st " 


2 " 


" Neosho, at H. Smith's Store 


" Tuesday 


2nd " 


2 " 






3rd H 


1 " 






5th " 


2 " 






6th " 


2 " 



SPEAKERS. 

Dr. C. Robinson, J. A. Wakefield, C. K. Holliday, M. F. Conway, W. K. Vail, J. L. Speer, W. A. 
Ela, Josiah Miller, O. C. Brown, J. K. Goodin, Dr. Gilpatrick, Rev. Tuton, Rev. J. E. Stewart, C. A. 
Foster, J. P. Fox, H. Bronson, G. W. Brown, A. H. Malley and others. 



The Topeka Movement. 133 
4th District. 



At Wyandott City on Thursday Sept 27th at 1 O'clk P.M. 

" Deleware City " Friday " 28th " 1 " " 

" Eaton " Saturday " 29th " 2 " 

" Kickapoo " Monday Oct 1st " 10 " A.M. 

" Ocena " " " 1st " 3 " P.M. 

" Atchison " Tuesday " 2nd " 1 " " 

" Doniphan " Wednesday " 3rd " 2 " 

" Whitehead " Thursday " 4th " 2 " 

" Benj. Hardings " Friday " 5th " 1 " " 

" Hickory Point " Saturday " 6th " 2 " " 



SPEAKERS. 

J. H. Lane, John Hutchinson, P. Laughlin, M. J. Parrott, S. C. Shoemaker, M. H. Deleha, 
G. W. Deitzler, H. Miles Moore, A. Guthrie, G. A. Culler and others. 

Meetings were also called at 

Franklin Oct. 8th Monday at 10 O'clk A.M. 

Lawrence " 8th " " 6 " P.M. 

SPEAKERS. 

S. C. Pomroy, Hon. A. H. Reeder, C. K. Holliday, J. H. Lane, J. A. Wakefield, G. P. Lowry. 
P. C. Schuyler, W. Y. Roberts, C. Robinson, G. W. Smith, & others. Jno. Curtiss. 

Meetings are also to be held 

At Franklin on Monday Oct 8th at 10 O'clk A.M. 

" Lawrence " " Evening " " " Candle Lighting. 

Most of the Speakers heretofore announced are appointed to be present 
at the above places. 

Committee adjourned leaving it in the hands of the Chairman & Secy, to 
issue a Proclamation forms &c. &c. &c. 

The following is the Proclamation calling the election: 

"Constitutional Convention Proclamation. 
" To the Legal Voters of Kansas Territory, 

"Whereas, The Territorial Government as now constituted for Kansas 
has proved a failure — Squatter Sovereignty under its workings a miserable 
delusion, in proof of which it is only necessary to refer to our past history, 
and our present deplorable condition. Our ballot boxes have been taken 
possession of by bands of armed men from foreign States — our people forcibly 
driven therefrom — persons attempted to be foisted upon us as members of a 
so-called Legislature, un-acquainted with our wants, and hostile to our best 
interests — some of them never residents of our Territory — misnamed laws 
passed and now attempted to be enforced by the aid of citizens of foreign 
States, of the most oppressive, tyranical, and insulting character,— the right 
of suffrage taken from us — debarred from the privilege of a voice in the 
election of even the most insignificant officers — the right of free speech 
stifled— the muzzling of the Press attempted; and Whereas, longer forbear- 
ance with such oppression and tyrany has ceased to be a virtue; and Whereas, 
the people of this country have heretofore exercised the right of changing 
their form of Government when it becomes oppressive, and have at all times 
conceeded this right to the people in this and all other Governments; and 
Whereas, a Territorial form of Government is unknown to the Constitution, 
and is the mere creature of necessity awaiting the action of the people; and 
Whereas, the debasing character of the Slavery which now involves us impels 
to action, and leaves us as the only legal and peaceful alternative, the im- 
mediate establishment of a State Government; and Whereas, the organic 
act fails in pointing out the course to be adopted in an emergency like ours: 
Therefore, You are requested to meet at your several precincts in said Ter- 
ritory hereinafter mentioned, on the Second Tuesday of October next, it being 
the ninth day of said month, and then and there cast your ballots for members 



134 Kansas State Historical Society. 

of a Convention, to meet at Topeka on the 4th Tuesday in October next, to 
form a Constitution, adopt a Bill of Rights for the people of Kansas, and 
take all needful measures for organizing a State Government, preparatory 
to the admission of Kansas into the Union as a State." 

"Places for Polls. 

First Election District. 

Lawrence Precinct, Office of John Hutchinson in Lawrence. 
Blanton Precinct, At the house of J. B. Abbott in Blanton. 
Palmyra Precinct, At the house of H. Bariklow in Palmyra. 

Second District. 

Bloomington Precinct, At the house of Harrison Burson on the Waka- 
rusa River. 

Benicia Precinct, At the house of J. J. Cranmer in East Douglass. 

Third District. 

Topeka Precinct, At the house of F. W. Giles in Topeka. 

Big Springs Precinct, At the store of Wesley Frost in Washington. 

Tecumpseh Precinct, At the house of Mr. Hoogland in Tecumpseh. 

Fourth District. 

Willow Springs Precinct, At the house of Dr. Chapman on the Santa- 
Fe-Road. 

Springfield Precinct, At some suitable house in Springfield. 

Fifth Dist. 

Bull Creek Precinct, At the house of Baptiste Peoria on Pottawattamie 
Creek. 

Pottawattamie Precinct, At the house of Henry Sherman. 
Ossawattamie Precinct, At the house of William Hughes in Ossawat- 
tamie. 

Big Sugar Creek Precinct, At the house of Elijah Tucker at the old 
Pottawattamie Mission. 

Little Sugar Creek Precinct, At the house of Isaac Stockton. 
Neosho Precinct, At the Store of Hamilton Smith in Neosho. 
Hampden Precinct, At the house of W. A. Ela in Hampden. 

Sixth District. 

Fort Scott Precinct, At the house of Mr. Johnson, or a suitable building 
in Fort Scott. 

Scott 's Town Precinct, At the house of Mr. Vandever. 

Seventh Dist. 

Titus Precinct, At the house of J. B. Titus on the Santa-fe-Road. 

Eighth District. 

Council Grove Precinct, At the Mission House at Council Grove. 
Waubonsa Precinct, At some suitable building in Waubonsa. 
Mill Creek Precinct, At the house of G. E. Hoenick on Mill Creek. 
Ashland Precinct, At the house of Mr. Adams in Ashland. 

Ninth Dist. 

Pawnee Precinct, At Loden & Shaw's Store in Pawnee. 

Tenth Dist. 

Big Blue Precinct, At the house of S. D. Dyer, in Juniatta. 
Rock Creek Precinct, At the house of Robert Wilson. 

Eleventh Dist. 

Vermillion Precinct, At the house of John Schmidt on the Vermillion 
Branch of Blue River. 



The Topeka Movement. 



135 



Twelfth Dist. 

St Mary's Precinct, At the House of B. F. Bertrand. 
Silver Lake Precinct, At the house of Joseph Leframbois. 

Thirteenth Dist. 

Hickory Point Precinct, At the house of Charles Hardt. 

Falls Precinct, At the house of "Mill Company" at Grasshopper Falls. 

Fourteenth Dist. 

Bur Oak Precinct, At the house of Benjamin Harding. 
Doniphan Precinct, (including part of 15th district to Walnut Creek,) 
At the house of Dr. G. A. Cutler in Doniphan. 

Wolf River Precinct, At the house of Aaron Lewis. 

Fifteenth Dist. 

Walnut Creek Precinct, (South of Walnut Creek,) At the house of 
Charles Hayes on the Military Road. 

Sixteenth Dist. 

Leavenworth Precinct, At the Store of Thomas Doyle in Leavenworth 
City. 

Easton Precinct, At the house of Thomas A. Maynard [Minard] on 
Stranger Creek. 

Wyandott Precinct, At the "Council House" Wyandott City. 
Ridge Precinct, At the House of William Pennock. 

Seventeenth Dist. 

Mission Precinct, At the Baptist Mission Building. 
Wakarusa Precinct, At the store of Paschal Fish. 

Eighteenth Dist. 

Calafornia Precinct, At the House of W. W. Moore, on the St. Joseph 
and Calafornia Road. 

"Instructions to Judges of Elections. 

"The three Judges will provide for each poll ballot boxes for depositing the 
ballots cast by Electors, — shall appoint two Clerks, all of whom shall be 
sworn or affirmed to discharge the duties of their respective offices impartially 
and with fidelity; and the said Judges shall open said election at 10 O'clock 
A. M. at the place designated in each precinct by the "Executive Committee 
of Kansas Territory," and close the same at 4 O'clock P. M. In case any 
of the officers appointed fail to attend, the officer or officers in attendance 
shall supply their places. 

"And the said Judges shall make out duplicate returns of said election; 
seal up and transmit one copy of the same within five days' to the Chairman 
of the Executive Committee, to be laid before the Convention, and they shall 
within Ten days' seal up and hand the other to some member of said Execu- 
tive Committee. 

"If at the time of holding said election it shall be inconvenient on account 
of Indian hostilities or any other cause whatever, that would disturb or pre- 
vent the voters of any election precinct in the Territory from the free and 
peaceable exercise of the elective franchise, the officers are hereby authorized 
to adjourn said election into any other precinct in the Territory and to any 
other day they may see proper; of the necessity of which, they shall be the 
exclusive judges, at which time and place the qualified voters may cast their 
votes." 

"Qualifications of Voters, &c. 

"All white male inhabitants, citizens of the United States, or who have 
declared their intentions before the proper authorities to become such, above 
the age of Twenty One Years, who have had a bona fide residence in the Ter- 
ritory for the space of thirty days' immediately preceeding the day of said 



136 Kansas State Historical Society. 

election, shall be entitled to vote for Delegates to'said Convention; and all 
white male inhabitants, Citizens of the United States, above the age of 
Twenty One Years, who have had a bona fide residence in the Territory of 
Kansas for the space of three months immediately preceeding the day of elec- 
tion, shall be elligible as Delegates to said Convention." 

Apportionment &c. 

"The aportionment of Delegates to said Convention shall be as follows: 
Two Delegates for each Representative to which the people were entitled in 
the Legislative Assembly by proclamation of Gov. Reeder of date 10th 
March 1855. 

"It is confidently believed that the people of Kansas are alive fully, to 
the importance of the step they are about to take in disenthralling them- 
selves from the Slavery which is now fettering them; and the Squatters of 
Kansas are earnestly requested to be at their several polls on the day above 
designated, see that there be no illegal votes cast, and that every ballot 
recieved be in accordance with your choice for Delegates to the Constitutional 
Convention, and have all the regulations and restrictions carried out. 

"The plan proposed in the Proclamation to govern you in the election, 
has been adopted after mature deliberation, and if adhered to by you, will 
result in establishing in Kansas an Independant Government that will be 
admitted into our beloved Union as a Sovereign State, securing to our people 
the liberty they have heretofore enjoyed, and which has been so ruthlessly 
wrested from [them] by reckless invaders. 

"Lawrence Sept. 22nd 1855. 

"By order of 'Executive Committee of Kansas Territory.' 

(Signed.) J. H. Lane, Chairman. 

J. K. Goodin, Sec'y." 

The following is the call, circulated in the form of Posters and sent (to- 
gether with all the labors of the Committee,) by Carrier's throughout the 
Territory. 

"To the Electors of Kansas Territory. 

"You are hereby notified that an Election will be held in the several elec- 
tion precincts of this Territory, on the Second Tuesday, Ninth of October 
next, for members of a Convention to form a Constitution, adopt a Bill of 
Rights for the people of Kansas, and take all needful measures for organizing 
a State Government preparatory to the admission of Kansas into the Union 
as a State. 

"Per order of 'Executive Committee of Kansas Territory.' 

(Signed.) J. H. Lane, Chairman. 

J. K. Goodin, Sec'y. 
September 22nd 1855." 

As the Convention at Topeka of 19th & 20th inst. empowered the "Execu- 
tive Committee of Kansas Territory" to "appoint Judges of the Election," 
and "have the general superintendance of the Territory so far as regards the 
organization of a State Government," the following form have been made out 
to secure uniformity throughout the entire Territory: 
"Judges Certificate. 

"Sir: — Having entire confidence in your integrity, patriotism and ability, 
you have been selected and are hereby appointed as one of the Judges of the 

election to be holden in your Precinct in the Territory of Kansas, at 

on the Second Tuesday, (October Ninth,) for Members of a Convention 
to form a Constitution, adopt a Bill of Rights for the people of Kansas, and 
take all needful measures for organizing a State Government preparatory to 
the admission of Kansas into the Union as a State. 

"Lawrence Sept 22nd 1855. 

"Per order of 'Executive Committee of Kansas Territory.' 

J. H. Lane, Chairman. 

J. K. Goodin, Sec'y." 



The Topeka Movement. 



137 



Poll Book 

Of voters for Delegates to a Convention to form a Constitution for Kansas 
held on this Second Tuesday, the Ninth Day of October, A. D. 1855. 



No. 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 



Names. 

A. B. 

C. D. &c. 



Names. 



No. 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 



&c 



We the undersigned Judges and Clerks of Election, hereby certify upon 

our oaths, that the number of votes cast at an election held at 

Precinct, in Kansas Territory, on the Second Tuesday of October, 1855, it 
being the ninth day of said month, between the hours of 10 O'clock, A. M. 
and 4, O'clock P. M. of said day, "for Delegates to a Convention to form a 
Constitution, adopt a Bill of Rights for the People of Kansas, and take all 
needful measure for organizing a State Government, preparatory to the 

admission of Kansas as a State," to be votes. "We, the Judges 

and Clerks of said election further certify upon our oaths, that the said voters 
were white male inhabitants, citizens of the United States, above the age of 
Twenty One Years, Bona Fide residents of said Territory of Kansas, having 
actually resided therein for the period of thirty days immediately preceeding 
Said Election day." 

October 9th 1855. 



Attest: Judges. 



Clerks. 

Tally List 

of votes cast for Delegates to a Convention to form a Constitution for Kansas, 
held on this second Tuesday of October, it being the ninth day of said month, 
A. D. 1855. 

A. B. votes. 

CD. votes. 

E. F. votes. 

G. H. &c votes. 

"We the undersigned, Judges and Clerks of election, hereby certify upon 

our oaths, that has received votes, has 

received votes, &c. cast at an Election held at 

Precinct, in Kansas Territory, on the second Tuesday, (ninth day) of October 
A. D. 1855, between the hours of 10, O'clock A. M. and 4, O'clock P. M. of 
said day, for Delegates to a convention to form a Constitution, adopt a Bill 
of Rights for the people of Kansas, and take all needful measures for organ- 
izing a State Government preparatory to the admission of Kansas as a State. 

"We, the Judges and Clerks of said Election, further certify upon our 
oaths, that the said voters were white male inhabitants, citizens of the United 
States, above the age of Twenty one years, bona fide residents of said Territory 



138 Kansas State Historical Society. 

of Kansas, having actually resided therein for the period of thirty days im- 
mediately preceeding said Election day. 
October 9th 1855. 



Attest: Judges. 



Clerks. 

List of Judges Appointed by Ex. Committee to Conduct the Election 
on Tuesday Oct. 9th 1855. 

1st Dist. 

Blanton Precinct Paul Jones 

Julius Eliot 
N. B. Blanton 

Lawrence Precinct Lyman Allen 

[William] Yates 
[M. H.] Spittle 

Palmyra Precinct Salem Gleason 

Henry Barricklow 
Elizur Hills 

Franklin Precinct 



2nd District 

Bloomington Precinct Robert Buffam 

Samuel Waker [Walker] 
G. W. Umberger 

Benicia Precinct P. B. Harris 

O. T. Bassett 

J. H. Shimmonds [Shimmons] 

3d Dist. 

Topeka Precinct Henry P. Waters 

Milton C. Dickey 
F. L. Crane 

Camp Creek John Kinney 

Hiram Heberling 
W. T. Stout 

Tecumpseh Francis Grassmuck 

C. W. Moffet 
John Morris 

Brownsville W. F. Johnson 

John W Brown 
Geo. S. Holt 

Mill Creek 



Washington Eli Allen 

William Riley 
W. R. Frost 

Council City John Drew 

William Lord 



The Topeka Movement. 

I^th Dist. 

Lane C. Howard Carpenter 

Saml Wortman 
William Moore 

Willow Springs 

5th Dist. 

Bull Creek 



Pottawattamie John T. Grant 

Cyrus Taylor 
David Baldwin 

Ossawattamie William Chestnut 

Samuel H. Houser 
John Yelon 

Big Sugar Creek Jonah Daniel 

Silas Young 
D. B. Brown 

Little Sugar Creek S. B. Floyd 

D. Reese 
Enoch Estep 

Neosho William Stone 

Thomas Osborn 



Hampden 



Stanton Isaac Woolard 

Martin White 
S. L. Morse 

6th Dist. 

Fort Scott 



Scott Town T. Crabtree 

Isaac Chatham 

F. S. Froscel 

Columbia Thos. J. Addis 

James Kearnis 
Phillip Cook 

7th Dist. 

Titus Precinct John Drew 

Wm Lord 

Council City John Drew 

Wm Lord 

8th Dist. 

House of A. J. Baker. 
Council Grove John Goodell 

G. H. Rees 
Benj. Wright 



Kansas State Historical Society. 

Waubonse E. R. McCurdy 

S. M. Bisbury 
Daniel B. Hiatt 

Mill Creek 

Ashland 



9th Dist. 

Pawnee S. P. Higgins 

Wm. M. McClure 
Lemuel Knapp 

10th Dist. 

Big Blue J. Stewart 

Peter Neyhart 
Wm Hanna 

Rock Creek James Darnell 

Charles Jenkins 
Henry Rammelt 

11th Dist. 

Vermillion 



12th Dist. 

St Mary's J. P. Wilson 

Benj. C Dean 
Oscar B. Dean 

Silver Lake John G. Thompson 

John W. Hopkins 
E. R. Kennedy 

13th Dist. 

Hickory Point Dr J. Noble 

G. A. White 
John Belcher 

Pleasant Hill Robert Ward 

Nathan Adams 
William Hicks 

Falls S. H. Dunn 

S. B. Ross 
J. W. Clark 

Ikth Dist. 

Bur Oak Henderson Smallwood 

A. A. Jamison 
Matthew lies 

Doniphan John H. Whittaker 

T. H. Hoffman 
J. Landis 

Palermo Nathan D. White 

Wm Chapman 

Wolf River 



The Topeka Movement. 141 



15th Dist. 

Crosby's Store Wm. Crosby- 
Caleb May 
E Landrum 

* 

House of Jackson Crane .... Charles S. Foster 

Stanford McDaniel 
Jackson B. Crane 

16th Dist. 

Leavenworth — 



Easton 



Wyandott Abelard Guthrie 

Geo. J. [I.] Clark 
Mathias Splitlogs 

Ridge Wm Pennock 

J. A. Lindsey 
N. Locker man 

17th Dist. 

Mission Geo. L. Osborne 

Samuel M. Cornatzer 
Lewis Dougherty 

Wakarusa Lewis H. Bascom 

Ellis Bond 
Albert G. Green 

18th Dist. 

Calafornia 



Office of Ex. Com. Lawrence K. T. 

Oct. 1st 1855. 

Ex. Com. met this morning, and on motion it was unanimously resolved 
that Dr. Chas. Robinson be elected Treasurer of the committee, and that the 
Sec'y be instructed to inform him of his election, and request his acceptance 
of the same. J. K. Goodin Secy. 

Whereupon the following correspondence was had in relation to the 
selection of a Treasurer of the Ex. Com. 

Office of Ex. Com. of Kansas Territory 
To Dr Charles Robinson: Oct. 1st 1855 

Dear Sir: — Having entire confidence in your integrity, patriotism and 
ability, you have been selected, and are hereby appointed Treasurer of the 
Ex. Committee for Kansas Territory, "having the general superintendence 
of the affairs of the Territory so far as regards the organization of a State 
Government, " with a desire of your acceptance of the appointment. 

By order of Ex. Com. of K. T. 
Attest: J. H. Lane Chairman. 

J. K. Goodin Secy. 



142 



Kansas State Historical Society. 



Reply. 

Hon. J. H. Lane Lawrence Oct 2nd 1855. 

Dear Sir — I have the honor to acknowledge the reception of your note 
appointing me Treasurer of the "Executive Committee of Kansas Ter- 
ritory" Please accept my thanks for the confidence the Committee have 
placed in me, and my pledge of fidelity to the cause we have espoused, as 
well as to the discharge of the duties of my position to the best of my ability. 

Very Respectfully C. Robinson. 

Oct 2nd 1855 

Ex. Com. met, and by order the following letter was ordered to be written 
to the Governor's of the "United States" the objects of which are therein 
clearly expressed J K Goodin Secy 

Lawrence Kansas Ter. 

Oct 2nd 1855. 

To His Excellency, Gov. 

Sir: The Squatters of this Territory meet in Convention by their Dele- 
gates in Topeka on the 4th Tuesday of the present month, to frame a Consti- 
tution preparatory to applying for admission into the Union as a Sovereign 
State, and it is deemed important to have all the lights before them possible. 

To this end, I am requested you to furnish to me for their use, a copy 
of your Constitution and debates if they were preserved, of your Convention. 

Being entitled to the franking privilege, you can direct to me postage 
free, and I am authorized to say that in return you will be furnished with the 
proceedings of our Convention when published. 

I trust the subject is of sufficient importance as to challenge your attention. 

Respectfully J. H. Lane 

Chairman of Ex. Com. of K. T. 

By the Chairman J. K. Goodin Secy. 

Delegates Elected to the Constitutional Convention 
to be convened on the 23d day of October A. D. 1855 at 12 O'clock. M. 
at the Town of Topeka K. T., the Election for said Delegates being held in 
pursuance of the call made by the Ex. Com. of K. T. 

Districts. , Precincts. 
1st Council Lane 
1st Representative Mission 
17th & 4th Election Wakarusa 



Delegates. 

2. Saml McWhinney 
Wm Graham 



1st Council 
2nd Rep. 
1st Election 



2nd Council 
3rd Rep. 
2nd Election 



3d Council 
4th Rep. 
3d Election 



3d Council 
5th Rep. 

7th & 8th Election 



Lawrence 

Blanton 

Palmyra 



Bloomington 
Benicia 



Washington 
Topeka 
Camp Creek 
Tecumpseh 
Brownsville 
Mill Creek 

Council Grove 
Council City 



6. Chas. Robinson 
J. H. Lane 
J. K. Goodin 

G. W. Smith 
Morris Hunt 
J. S. Emery 

4. J. A Wakefield 
A. Curtiss, 
J. M. Tuton. 

H. Burson. 

2. C. K. Holliday 
W. Y. Roberts 



2. P. C. Schuyler 
J. H. Pillsbury 
for J. H. Nesbitt 



The Topeka Movement. 



143 



Bull Creek 
Pottawatamie 
Ossawatamie 
Big Sugar Creek 
Little Sugar Creek 
Neosho 
Hampden 
Stanton 

Ft Scott 
Scott Town &c 



Pawnee &c 



5th Council 
7th Rep. 
5th Election 



4th Council 
6th Rep. 
6th Election 

6th Council 
8th Rep. 

9th & 10th Election 

6th Council 
9th Rep. 

11th & 12th Election 

10th Council 
10th Rep. 
13th Election 

10th Council 
14th Rep. 
16th Election 



7th Council 
11th Rep. 

Wolf River & Doniphan 
Precincts of 14th Election 



8th Council Bur Oak 

12th Rep. Calafornia 
Bur Oak Precinct of 14th &c 

Election Dist, 
Whole of 18th Election 

Dist, 

(small part of 15th Dist, 
voting at Doniphan) 



St Mary's 
Silver Lake 



Hickory Point 
Pleasant Hill 
Falls 

Leavenworth 
Easton 
Wyandott 
Ridge 



Doniphan 
Palermo &c 



9th Council, 
13th Rep, 
15th Election. 



Crosby's Store 

House of Jackson Crane 



8. W. T. Turner 
James M. Arthur 
W. T. Morris 
O. C. Brown 
Rich'd Knight 
Fr. Brown 
H. Smith 
W. G. Nichols 

4. James Phenis 
A. Vandevere 
Dr. Burgess 

2. Robt Klotz 
A. Hunting 

2. M. F. Conway 
J. G. Thompson 



2. George Hillyer 
J. Whitney 



6. M. J. Parrott 
Robt Riddle 
Matt France 

J S. N. Latta 
D. Dodge 
M. W. Delehay 

4. G. A. Cutler 
John Landis 

C. W. Stewart 

D. W. Field 



4. 



4. James S. Sayle. 
R. H. Crosby. 
Caleb May. 
Sanford McDaniel. 



In consequence of there being no Delegates elected from the 8th Council 
Dist, the Chairman of the "Ex. Com." caused to be issued the following 

Proclamation. 

Whereas that portion of the 14th Election Dist. in which is situated Bur 
Oak and Wolf River Precincts is not represented in the Constitutional Con- 
vention now in session at Topeka, on account of a misunderstanding of the 
Electors in the place of voting, the qualified voters are respectfully requested 
to assemble at the above precincts on the 6th day of October next, and then 
and there cast their ballots for 3 delegates to represent them in the Conven- 
tion aforesaid under the regulations and restrictions as set forth in the proc- 
lamation of the Ex. Com. of K. T. of date 22nd September 1855. 

By order of Executive Committee of Kansas Territory this 25th day of 
October A. D. 1855 

J. K. Goodin Sec'y. J. H. Lane Chairman. 



144 



Kansas State Historical Society. 



A like proclamation was also issued the same date to the voters of the 6th 
Council district for the Election of One Delegate to supply the vacancy 
occasioned by the resignation of J. H. Pillsbury. 

Topeka Oct 28th 1855 
Committee met, members all present except G. W. Brown, when upon 
motion of G. W. Smith the following resolution was passed. 

" Resolved.— That William Hicks, A. J. Whitney, and Geo. S. Hillyer 
having each been voted for in the 13th Representative Dist. as delegates to 
the Constitutional Convention of Kansas, each having had an equal number 
of votes, and A. J. Whitney not appearing to claim or contest his seat, having 
prior to the election declined being a candidate, and being now absent from 
the Territory — that George S. Hillyer, and William Hicks be and are hereby 
declared the duly elected delegates to the said Convention." 

Committee Adjourned. J. K. Goodin Sec'y 

Topeka Nov 10th 1855. 
Committee met, present Lane, Holliday, Parrott, Smith & Goodin. 
On motion of Mr. Parrott it was ordered that the permanent office of the 
Ex. Com. of Kansas Ter. be established at Topeka until further ordered, 
and the regular sessions of the committee be held upon the 2nd and 4th 
Saturday's of each month, and that C. K. Holliday be instructed to rent 
an office and have the same prepared for our next meeting. On motion of 
C. K. Holliday E. C. K. Garvey was elected Assistant Secretary of the 
meeting. 

Mr Garvey made a proposition to the Com. to rent them the front room 
in his new brick building at the rate of $100 per annum; to make a solid 
petition through the same and furnish the office with carpet and furniture, 
desk, stove and fuel — the proposition was accepted. Com. adjourned. 

J. K. Goodin Secy. 

Topeka Nov. 24th 1855. 
Committee met, present, Lane, Smith, Holliday & Goodin. The following 
Proclamations were prepared submitted, passed, and ordered to be printed 
and circulated by couriers. 

Proclamation. 
Constitution and General Banking Law. 

By authority invested in me as Chairman of the Executive Committee of 
Kansas Territory, I do hereby proclaim and make known, — That the qualified 
voters of said Territory will meet at the several precincts hereinafter men- 
tioned, on the 15th Day of December A. D. 1855. And then and there cast 
their ballots for or against the Constitution framed by the Convention 
which met at Topeka on the 23d day of October 1855, in the following form: 
Those in favor voting a ballot upon which is written or printed Constitution, 
those against No Constitution. 

At the same time and places they will cast their ballots approving or dis- 
approving an article in relation to a General Banking Law framed by said 
Convention, which article is submitted as a distinct proposition, to be voted 
upon by casting a written or printed ballot in the following form General 
Banking Law — Yes; those against General Banking Law — No. 

If a majority of the votes cast shall be in favor of said article, then the 
same shall form a part of the Constitution, — otherwise, it shall be void, and 
form no part thereof. 

(Here follows the Election precincts and Judges of Election as laid down 
in the Constitution) (Also the instructions to Judges and qualification of 
voters as copied from the Constitution.) 



The Topeka Movement. 145 



Blanks. 

Printed forms of Poll books, tally papers and tickets will be furnished to 
the officers of each election precinct. 

The importance of the election will doubtless induce you to observe the 
forms transmitted, and scrupulously adhere to the rules herein recited. It 
is confidently expected the people of Kansas will be permitted to exercise 
the right of suffrage upon so vital a subject as their first Constitution, with- 
out interference from foreign invaders; if however, you are disappointed in 
this, and any attempt should be made to pollute the Ballot Box by force 
or otherwise, the Judges will unhesitatingly exercise the authority vested 
in them, and adjourn or remove the polls to such time and place as in their 
judgment will secure a legal election. 

Given under my hand at the office of the Executive Committee of Kansas 
Ter. this 24th day of Nov. A. D. 1855. 

J. K. Goodin, Sec'y. J. H. Lane Chairman 

Proclamation. 

Black Laws. By authority vested in me as Chairman of the Executive 
Committee of Kansas Territory — I do hereby proclaim that the qualified 
electors of Said Territory will, on the 15th day of December A. D. 1855 
express their approval of the passage of laws by the General Assembly 
providing for the exclusion of Free Negroes, from the State of Kansas, in 
the following manner: by voting at said election a written or printed ticket 
labelled Exclusion of Negroes and Mulattoes "Yes." or "No." those 
in favor voting "Yes," and those against "No." The result of such vote 
to operate as instructions to the First General Assembly upon that subject. 
The said votes to be received by the same Judges, and the election conducted 
as provided in the Proclamation of even date herewith, in refference to the 
Constitution and General Banking Laws. 

Given under my hand at the office of the Executive Committee of Kansas 
Ter. at Topeka, this 24th day of Nov. A. D. 1855 

J. K. Goodin Sec'y. J. H. Lane Chairman. 

Poll Book 

Of voters who have cast their ballots at an election held on the 15th day of 

December A. D. 1855, at Precinct, in District No in Kansas 

Territory, on the adoption or rejection of a Constitution for the State of 
Kansas, and upon the General Banking Law Clause and Black Law Pro- 
position. 



No 


Names of Voters 


No 


Names of Voters 




1 


A. 


B 


6 


K. L. 




2 


C. 


D. 


7 


M. N. 




3 


E. 


F. 


8 


0. P. 




4 


G. 


H. 


9 


Q. R. 




5 


I. 


J. 


10 


S. T. 



We the undersigned Judges and clerks of election hereby certify upon 

our oaths, that the whole number of votes cast at an election held at 

Precinct in District in Kansas Territory, on the 15th day of 

December A. D. 1855, for the adoption or rejection of a Constitution, the 
seperate article in relation to a General Banking Law, framed by the Consti- 
tutional Convention which assembled at Topeka on the 23d day of October 
1855, for the State of Kansas, and the independant proposition in relation 
to instructing the first General Assembly on the subject of Negroes and 

mulattoes, to be in number ; and we further certify that the said voters 

were bona fide citizens of the United States, above the age of 21 years, and 
actual residents of the Territory of Kansas, for 30 days immediately pro- 
ceeding this election, and still continue the same as their home and residence. 
Attest: 



Clerks. 

—10 



Judges. 



146 Kansas State Historical Society. 



Tally List 

Of votes cast at an election held on the 15th day of December A. D. 1855, 

at Precinct, in District No in Kansas Territory, on the 

adoption or rejection of a Constitution for the State of Kansas, and upon 
the General Banking Law Clause, and Black Law Proposition. 







OycWim d dfZfiorw 




hMMiI(ktiM ( L*Jr~-JfO. 


0,,, - f 


} 


(// 

v - 















We the undersigned Judges and Clerks of Election, hereby certify upon 

our Oaths, that the whole No. of votes cast at election held at 

Precinct in — District, in Kansas Territory, on the 15th day of 

December A. D. 1855, for the adoption or the rejection of a Constitution 
framed by the Constitutional Convention which assembled at Topeka on 
the 23d day of October A. D. 1855, for the State of Kansas, to be in number 

as follows: — Constitution No Constitution . We further certify, 

that the whole number of votes cast at said election approving or disapproving 
an Article in relation to a General Banking Law, submitted as a distinct 
proposition, to become a part of said Constitution — if adopted by a majority 
of the People,— to be in number as follows: General Banking Law — Yes — — 

General Banking Law — No . We further certify, that the whole number 

of votes cast at said election, approving or disapproving the passage of 
stringent Laws by the General Assembly for the Exclusion of Free Negroes 
and Mulattoes from the State of Kansas, the result of said vote to operate 
as instructions to the first General Assembly, to be in number as follows: 

Exclusion of Negroes and Mulattoes, Yes Exclusion of Negroes and 

Mulattoes, No . And we further certify that the said voters were 

bona-fide citizens of the United States, above the age of twenty one years, 



The Topeka Movement. 



147 



and actual residents of the Territory of Kansas for thirty days immediately 
preceeding this election, and still continuing the same as their home and 
residence. 



Clerks. Judges. 

Arrangements were perfected by the Committee for a complete and 
thouroug canvass of the Territory. The Ter. was divided into Five Districts 
and Show Bills ordered to be printed giving notice of the time and places 
where mass meetings would be held. Some 70 Speakers are to be enlisted 
in canvassing for the Coming Election. 

Nov. 27th. 

On motion it was ordered that the Chairman of the Ex. Com. be instructed 
to cause to be published a Proclamation, setting apart the 25th Day of 
December next as a day of Thanksgiving and prayer throughout the State, 
and calling upon the citizens to give observance to the same. Pursuant 
to the above order the Chairman has issued for publication the following 

Proclamation. 
For a Day of Public Thanksgiving and Praise. 

In pursuance of a long established usage, which has always found a cheer- 
ful acquiescence in the hearts of a grateful people, and by direction of the 
Executive Committee of Kansas Territory, I do hereby appointment and 
set apart Tuesday the 25th day of December next, to be observed by the 
people of Kansas, as a day of public Thanksgiving and praise. 

While insult, outrage, and death has been inflicted upon many of our 
unoffending citizens, by those whom we desire to recognise as brothers, while 
the attempt is being made to inflict upon us the most galling and debasing 
slavery, our lives have been spared, and a way pointed out by which, with- 
out imbuing our hands in blood, we can secure the blessings of Liberty and a 
Good Government. The fields of the husbandman have yielded abundantly, 
and industry in all its channels have been appropriately rewarded. For 
those and the innumerable blessings we are enjoying, let our hearts be 
devotedly thankful. From every altar let Thanksgiving and Songs of Praise 
ascend to that God from whom these blessings flow. Let the occasion be 
improved by the people of Kansas, for the advancement of Freedom, Virtue 
and Christianity, — let the poor be remembered and relieved, and the day be 
wholly spent as Wisdom shall direct, and God approve and bless. 

Given under my hand, at the office of the Executive Committee of Kansas 
Territory, in the City of Topeka, this 27th day of November, A. D. 1855. 

J. K. Goodin Sec'y. J. H. Lane Chairman. 

In order that there may be a complete and acurate history of the progress 
and advancement of the movement of the people of Kansas in the formation 
of their State Government, the Sec. was ordered to make a minute of the 
first issue of certificates of indebtedness giving the authority therefor. 

On the 10th day of Nov. inst: the first certificate was issued in form 
hereinafter given, under the sanction and by the authority of the Constitu- 
tional Convention which assembled at Topeka on the 23d day of October 
A. D. 1855, which authority reads as follows: 

"Certificates of indebtedness may be issued by the Territorial Executive 
Committee for all necessary expenses accruing in the formation of a State 
Government not exceeding Twenty Five Thousand Dollars. Provided 
No certificates shall be issued except for legitimate expenses. All claims 
shall be made in writing, and shall be numbered and Kept on file in the 



148 Kansas State Historical Society. 

Secretary's Office; and all certificates of indebtedness shall be signed by the 
Chairman and Secretary, and countersigned by the Treasurer, and numbered 
to correspond with the numbers of the claim or bill for which it was issued. 

The certificates shall bear ten per cent interest per annum" 
The form of Certificates issued by the Committee is as follows: 




TREASURY WARRANT ISSUED BY THE EXECUTIVE COMMITTEE. . 
(Facsimile of original belonging to the State Historical Society.) 



Lawrence Dec 9th 1855 
Com. Met present Lane, Holliday Smith, Brown, Parrott & Scuyler. 
Moved by G. W. Brown that the Ex. Committee appoint 5 delegates to 
travel in the States to urge the cause of Kansas upon the people and induce 
emigration to the Territory, Carried. The following persons were selected 
W. Y. Roberts, Dr. James Davis, P. C. Schuyler, Geo. W. Brown, and 
M. J. Parrott were selected. 

On motion it was ordered that the Sec'y be instructed to issue the sum 
of $200.00 Certificates to each of the five delegates appointed. Carried. 

E. C. K. Garvey Asst Secy. 

Lawrence D c. 23d 1855. 

In the absence of the Chairman C. K. Holliday was elected Ch'n pro-tern. 
A letter from Eli Thayer proposing to furnish the Militia of the Territory 
with 1000 Stand of improved arms for 12000$ Kansas Certificates of in- 
debtedness was lain before the Committee. 

On motion of G. W. Smith, Mr. G. W. Brown was instructed to cor- 
respond with Mr. Thayer accepting the proposition. 

A motion was made by Mr. Brown to re-issue to James Redpath the 
sum of $174, certificates which he Redpath claims to have lost; the Com- 
mittee instructed the Secretary to require in this and all simillar cases an 
affidavit of the person who claim a reissue for lost Certificates. 

Adjourned until to-morrow morning at 9 O'clock 

J. K. Goodin Sec. 



The Topeka Movement. 149 

Lawrence Dec. 24th 1855. 

Com. met present Lane, Brown, Smith Holliday & Goodin. 

On motion C. K. Holliday was appointed Historian of the late Kansas 
difficulties, with full power to dispose of the Copy Right. The com. spent 
the ballance of the day in auditing accounts and preparing Proclamation 
and Election papers for the Coming Election. 

Lawrence 27th Dec 1855 
Com. in Session. The following proclamation announcing the result of 
the Election on 15th Dec. inst and proclamation calling an Election for 
State Officers and Members of the General Assembly were presented, dis- 
cussed, and ordered for publication. 

Proclamation. 

At an election holden on the fifteenth day of December, 1855, to deter- 
mine, by ballot, for or against the adoption of a Constitution for the State 
of Kansas, framed by a Convention of Delegates which assembled at Topeka, 
on Tuesday the 23d day of October, 1855, it doth appear by the returns of 
said election now on file in the Office of the Executive Committee, that a 
majority of all the votes cast, are in favor of the said Constitution. 

Now, therefore, by virtue of authority in me vested as Chairman of the 
Executive Committee of Kansas Territory, I do hereby proclaim and make 
known, that the Constitution framed by the said Topeka Convention, has 
been ratified by the qualified voters of Kansas Territory, and I do now 
declare the same to be the Constitution of the State of Kansas. 

And I do further proclaim and make known, that, of all the votes cast at 
the aforesaid election, "for" and "against" a seperate and distinct article, 
on the subject of Banking, a majority are in favor of, a General Banking 
Law, as ascertained by the returns of said Election, now on file in the office 
of the Executive Committee, and I do now declare the said Article, to be a 
part, of, the Constitution of the State of Kansas. 

And I do further proclaim and make known that of all the votes cast, 
at the aforesaid election, "for" and "Against" "the passage of laws by the 
General Assembly, providing for the Exclusion of free negroes from the 
State of Kansas . . . the result of such vote to operate as instructions 
to the First General Assembly, upon that subject, " a majority are in favor of 
"Exclusion," as ascertained by the returns of said election now on file in the 
office of the Executive Committee. 

Given under my hand, at the office of the Executive Committee of Kansas 
Territory, at the City of Topeka, this 27th day of December, A. D. 1855 
Attest. J. H. Lane Chairman 

C. K. Holliday Sec. pro tern. 

Proclamation. 

By virtue of authority in me vested as Chairman of the Executive Com- 
mittee of Kansas Territory, I do hereby proclaim and make known, that the 
qualified voters of Kansas will meet at the several precincts hereinafter 
mentioned, on the 15th day of January A. D. 1856, and then and there 
elect — 

One person for Governor. 
One " " Lieutenant Governor, 
Secretary of State, 
Auditor of State, 
Treasurer of State, 
Attorney General, 
Three " " Judges of the Supreme Court, 
One " " Reporter of the Supreme Court, 
Clerk of the Supreme Court, 
Public State Printer, 
Representative to Congress, 
At the same time and places, they will also elect Twenty persons for 
Senators, and Sixty persons for Representatives to the General Assembly 
of the State of Kansas, to be apportioned among the several Districts as 
follows: to wit: 



150 Kansas State Historical Society. 

Senatorial and Representative Districts 

1st — The first Election District shall be entitled to Three Senators and 

Eight Representatives. 
2nd — The Second Election District shall be entitled to One Senator and 

Three Representatives. 
3d — The Third Election District shall be entitled to One Senator and Three 

Representatives. 

4th — The Fourth and Seventeenth Election Districts shall constitute the 
Fourth Senatorial and Representative Districts, and be entitled 
to one Senator and Two Representatives. 

5th — The Fifth Election District, shall be entitled to three Senators and 
Two Representatives 

6th — The Sixth, Seventh and Eighth Election Districts shall constitute the 
Sixth Senatorial & Representative District & be entitled to Two 
Senators and Five Representatives 

7th — The Ninth and Tenth Election Districts shall constitute the Seventh 
Senatorial District, and be entitled to one Senator and four Repre- 
sentatives. 

8th — The Eleventh and Twelfth Election Districts shall constitute the 

Eighth Senatorial & Representative District, and be entitled to one 

Senator and three Representatives 
9th — The Thirteenth Election District, shall constitute the Ninth Senatorial 

and Representative District and be entitled to One Senator and 

Two Representatives. 
10th — The Fourteenth and Eighteenth Election Districts, shall constitute 

the Tenth Senatorial and Representative District and be entitled 

to two Senators and seven Representatives 
11th — The Fifteenth Election District, shall constitute the Eleventh Sena- 
torial and Representative District, and be entitled to one Senator 

and Five Representatives 
12th — The Sixteenth Election District, shall constitute the Twelfth Senatorial 

and Representative District, and be entitled to Three Senators and 

Nine Representatives. 
Until otherwise provided by law, the Election in the Several Districts 
shall be held at the following places, and the following named persons are 
hereby appointed as Judges of the Elections. 

(Here follows the names of the precincts and Judges as laid down in the 
Constitution and heretofore recited in this record.) (See proclamation on 
file.) (Here follows also the General Instruction to Judges of Election, also 
the qualifications of voters.) 

Blanks, printed forms of poll books, tally papers, and tickets will be 
furnished to the officers of each precinct. 

The importance of the election will doubtless induce you to observe the 
forms transmitted, and scrupulously to adhere to the rules herein recited. 

Given under my hand at the office of the Executive Committee of Kansas 
Territory, at Topeka, this 27th Day of December, A. D. 1855. 

J. H. Lane, Chairman. 

C. K. Holliday, Sec. pro-tern. 

Lawrence Jan. 16th 1856. 

Committee met, present Lane, Smith, Brown Holliday & Goodin. 

On motion of J. H. Lane. Messrs G. W. Smith, Turner Sampson, M. C. 
Dickey, Morris Hunt, J. S. Emery, C. K. Holliday, & J. K. Goodin were 
appointed General Agents to visit the several states of the Union, to ask 
appropriations of munitions of war and means for the defence of the citizens 
of Kansas, and that the Secretary be instructed to issue to each of the Agents 
who will depart upon their mission the sum of $200.00 Certificates of in- 
debtedness to bear their expenses, and furnish to them the usual commissions. 



The Topeka Movement. 



151 




TREASURY WARRANT ISSUED BY THE EXECUTIVE COMMITTEE. 
(Facsimile of original belonging to State Historical Society.) 



On motion of J. K. Goodin, the vote upon the acceptance of a proposition 
to purchase 1000 stand of arms was recinded & the agency given to Mr. G. W. 
Brown in relation thereto, was revoked. The grounds for the motion, were, 
that since the former order was made by the Committee, a letter had been 
received from Mr. Thayer proposing a loan of the Arms without asking any 
remuneration therefor. 

On motion of C. K. Holliday it was ordered that the Chairman at the 
earliest moment appoint a Committee of three (himself being one of that 
number) to convey to Washington City the Constitution, in order that it be 
speedily laid before Congress. 

Several bills being before the Committee for printing, On motion J. K. 
Goodin, Brown and Elliott were appointed a committee to so equalize the 
prices for printing, that there may be uniformity in the bills for printing 
which may be presented. 

The Committee reported as follows and were discharged. 

"Resolved: That the prices fixed upon by the Constitutional Conven- 
tion, shall be adopted in the passage upon further bills for printing. 

Signed. J. K. Goodin, 

G. W. Brown, 
R. G. Elliott. 

An account was presented in favor of William N. Baldwin for Boarding 
& attendance upon D. Buff am a wounded soldier in the invasion Nov. & 
Dec. last. The Secretary refused to allow the account for the reason that it 
was not a "necessary expenditure accruing in the formation of a State Gov- 
ernment." The Committee over-ruled the Secretary by a yea & nay vote as 
follows: 

Yeas Nays 
Lane Goodin, 
Holliday Brown, 
Smith 

So the account was allowed. 



152 Kansas State Historical Society. 

On motion of G. W. Smith Certificates of indebtedness for part pay- 
services as members of the Executive Committee were voted as follows: 

J. H. Lane $200.00 

G.W.Smith 200.00 

J. K. Goodin 200.00 

C. K. Holliday 100.00 

G. W. Brown 50.00 

Committee Adjourned J. K. Goodin, Sec. 

Lawrence Jan. 19th 1856 
Committee met present Lane, Brown, Holliday Smith & Goodin 
On motion of J. H. Lane the following instructions were given to the 
General Agents appointed by the Committee to visit the States: 

"Office of the Executive Committee of Kansas Territory 

Lawrence 19th Jany. 1856 
Sir: By virtue of Authority vested in us as the Executive Committee of 
Kansas Territory, the Free State Ex. Com, and the Committee of Safety, 
for the Territory, you are hereby appointed a special Agent to visit the 
United States for the purposes following to wit: 

1st To ask no direct contributions for money, but to urge upon the 
citizens of the several states the creation of a fund to meet the expenses in- 
curred by the people of Kansas in their defence against Foreign Invasion, 
the protection of their lives and property from Lawless Depredations, 
and other expenses connected with the interests of Kansas, said fund to be 
deposited in some safe Bank in the locality of its creation — placed to the 
credit and subject to the order of Charles Robinson, J. H. Lane & J. K. 
Goodin and G. W. Deitzler, to be disbursed by them as they deem necessary 
for the purposes above named. 

2nd To urge the immediate enrollment of all persons willing to aid the 
citizens of Kansas, in the protection of their lives, property and rights against 
all future invasion from a Foreign Foe. 
Signed J. H. Lane 

Ch'n of Ex. Com. 
C. Robinson 

Ch'n of Safety, of Free State Ex. Com & Treas 
Ex. Com. K. T. 
Geo. W. Deitzler 

Secy Com. of Safety 
J. K. Goodin 

Sec. Ex. Com. K. T. & Free State Ex. Committee. 




CERTIFICATE FREE-STATE KANSAS FUND. 
(Facsimile of original belonging to State Historical Society.) 



The Topeka Movement. 153 

Private instructions were also given in manner following to wit: 

Sir: You are hereby instructed in your route to visit 

(The different States are here mentioned.) Spend a few days in Washington 
City, and return to Kansas at an early day. If you should recieve authentic 
information of an invasion, return instanter with as many emigrants as you 
can induce to join you 

(Signed as above) 

The General agents were given the following to be dispatched to the 
President of the United States. 

Lawrence City K. T. Jan. 21st 1856 

To Franklin Pierce President U. S. 

Sir: We have authentic information that an overwhelming force of the 
citizens of Missouri are organizing upon our borders, amply supplied with 
artillery for the avowed purpose of invading this Territory — demolishing 
our towns, and butchering our unoffending Free State Citizens We respect- 
fully demand on behalf of the Citizens of Kansas, that the Commander of 
the U. S. Troops in this vicinity, be immediately instructed to interfere to 
prevent such an inhuman outrage — Resp'fly. Signed J. H. Lane ch'n 
J. K. Goodin Secy 

The following is the form of Commissions prepared for the Agents: 

Kansas Territory 

To the People of the United States — Greeting: 

Whereas, The Executive Committee of Kansas Territory, invested with 
full authority from the People of said Territory in General Convention 
Assembled, and approved by the Constitutional Convention, have appointed 
and by these Letters do appoint 

A B 

an Agent of the said Executive Committee, and a Representative of the said 
Territory of Kansas, to The people of the United States, the several Legisla- 
tures of the respective States, the Representatives in Congress, and the Heads 
of the several Departments, to present to them the True condition of said 
Territory of Kansas, its claims for admission into the Union as a 

sovereign state, 

and to procure arms and means for protection against all further invasion. 

These, therefore, Are to request all persons interested to Receive our 
Said Agent in the above capacity, and extend to him and his associates, all 
the aid and encouragement in their power. 

In witness whereof — , I have hereunto set my hand at Lawrence the 19th 
day of January A D 1856 

Signed J. H. Lane Chairman 

J. K. Goodin Sec'y 

Below will be found the public instructions given to G. W. Smith, J. S. 
Emery, Turner Sampson, A. H. Mallory, M. F. Conway, Samuel C. Smith, 
Morris Hunt and J. H. Lane who were appointed to visit the States as per 
the Commission above: 

Office of Executive Committee of K. T. 

Lawrence January 19th 1856 
Sir: By virtue of authority vested in us by the Executive Committee 
of Kansas Territory, and the Committee of Safety for the Territory, You are 
hereby appointed a special Agents to visit the United States for the purposes 
following to wit: 

1st To ask no direct contribution for money, but urge upon the citizens 
of the several States the creation of a fund to meet the expenses incurred by 
the people of Kansas in their defence against foreign invasion, the protection 
of their lives and property from Lawless Depredations and other expenses 



154 



Kansas State Historical Society. 



connected with the interests of Kansas, said fund to be deposited in some 
safe Bank in the locality of its creation, placed to the credit, and subject to 
the order of Charles Robinson, J. H. Lane, J. K. Goodin, and G. W. Deitzler, 
to be disbursed by them as may be deemed necessary for the purposes above 
named 

2nd To urge the immediate organization and enrollment of all persons 
willing to aid the Citizens of Kansas, in the protection of their lives, property, 
and rights, against all future invasions of our Territory from a foreign Foe. 
Signed J. H. Lane 

Ch'n of Ex. Com. K. T. 
J. K. Goodin 

Sec. Ex. Com. K. T. 
C. Robinson 

Ch'n Com. Safety and Treas. Ex. Com. K. T. 
G. W. Deitzler 

Sec. Com. Safety 



TO THE PEOPLE OF THE 



i mteii sTim--(»imi&: 

PEOPLE ^ ui- XuU^ , m „ GENERAL COHVEHTiOH ASSEMBLED. 

BROWM, BS€k, 

W| to) THE PEOPLE «\ UNITED STATES, ik— J &jJLu>. <\ L «^ 



iiiiiiiii if 

C just, C junfnrc , ^ to ^ i ^u^n receive our 

SAID AGENT IN THE ABOVE CAPACITY, ^ «U» n U U L^k «K> 
1 




Jtt tDitnce* tDhcreof, I have hereunto set my hand at Lawrence, the 
Tenth Day of Diciubib, A. D. 1865 

5fc ' 



official certificate of g. w. brown. 

(Facsimile of original belonging to State Historical Society.) 



The Topeka Movement. 155 

The following are the private instructions given the Agents: 

Messrs 

Gentlemen, you are hereby^ instructed to^ visit and canvas the States of 

* * * 

* * 
* 

and return to Kansas at an early day. If you should receive authentic in- 
formation of an invasion, you will return without delay, with as many 
emigrants as you can induce to attend you. 

Signed J. H. Lane 

Chairman of Ex. Com. of K. T. 
C. Robinson 

Pres't Com. Safety 
J. K. Goodin, 

Sec. Ex. Com. K. T. 
G. W. Deitzler 

Com. of Safety 

Office of Executive Committee of K. T. 

Lawrence Jany, 20th 1856 
The Agents were each authorized to forward to the President of the 
United States the following dispatch: 

Lawrence City, K. T. Jany 21st 1856 
To Franklin Pierce President of the U. S. 

Sir: We have authentic information that an overwhelming force of the 
citizens of Missouri are organizing upon our borders, amply supplied with 
artillery, for the avowed purpose of invading this Territory, — demolishing 
our towns — and butchering our unoffending Free State Citizens, 

We respectfully demand on behalf of the Citizens of Kansas, that the 
commandments of the United States troops in this vicinity be immediately 
instructed to interfere to prevent such an inhuman outrage. 
Signed J. H. Lane 

Ch.n Ex. Com. of K. T. 
C. Robinson 

Ch.n Com. Safety. 
J. K. Goodin 

Sec. Ex. Com. of K. T. 

Geo. W. DEIT7LER 

Sec. Com. Safety. 

January 30th 1856. 
Information having been given to the Ex. Committee that Moses M. 
Robinson member elect of the General Assembly from the Third District, had 
on the 23d inst: deceased the committee to fill the vacancy thus occasioned 
issued the following 

Proclamation. 

Whereas, Moses M. Robinson of the Third Representative District was 
elected a Representative of the General Assembly at a regular election held 
in the several precincts of said District in accordance with the provisions of 
the Constitution recently adopted by the people of Kansas; and whereas, 
on the 23d inst: the said Moses M. Robinson deceased; thus creating a 
vacancy; — therefore, by authority vested in me, I do proclaim and give 
notice that an election will be held in the several precincts in the said 3d 
District for one Representative to fill the vacancy aforesaid, on Saturday 
the 9th day of February A. D. 1856. 

Given under my hand at the office of the Executive Committee of Kansas 
Territory, this 30th day of January A. D. 1856. 

By the Chairman J. H. Lane. 

J. K. Goodin Sec 'y. 



156 



Kansas State Historical Society. 



Also, Information being given the Committee that Hon. R. P. Brown of 
the Twelfth Senatorial and Representative Districts who was a Representa- 
tive Elect, deceased on the 18th of Jany, The Chairman of the Committee 
was instructed to issue the following 

Proclamation. 

Office Executive Committee 

Lawrence Feb 7th 1856. 
The voters of the 12th Senatorial District of Kansas Territory, are hereby 
notified that an election will be held at Easton on Saturday, the 23d of Feb- 
ruary A. D. 1856 to elect a member of the House of Representatives to fill 
the vacancy occasioned by the butchery of R. P. Brown Esq. 
Given under my hand the day and year above written. 

J. H. Lane Ch'n Ex. Com. K. T. 

J. K. Goodin, Secretary. 

Lawrence Feb. 7th 1856. 
By reason of an anticipated invasion from the residents of adjoining 
States, which has, in view of our situation, and the peace, quiet, and protec- 
tion of our Citizens, rendered it necessary that we should prepare ourselves 
as fully as possibly for self defence, the Executive Committee feel called upon 
as the servants of the people to make, in the absence of other authority — 
orders as follows: 

1st That the Executive Committee of Kansas Territory do hereby ap- , 
point and commission a 

First Major General who shall be Commander in Chief, 

A Second Major General, 

A Brigadier General, 
together with such other officers as may be deemed necessary for the per- 
fecting of a military organization for our protection as Citizens of Kansas, 
against foreign aggression & intestine war. 

The following] appointments were made and commissions issued as fol- 
lows 

Lawrence Feb 7th 1856 
Office Executive Committee K. T. 

Feby 7th 1856 

Maj. Genl James H. Lane 

Sir The Executive Committee of K. T. have this day appointed you to 
the position of 2nd Major General in the service of the People of said Ter- 
ritory, And you are hereby authorized and instructed to take such steps in 
Connexion with 1st Maj Genl and Commander in Chief Charles Robinson 
to carry out such military organization as you may in your judgments deem 
proper for the protection of the people from foreign invasion and intestine 
war. 

Done at the office of the Executive Committee of Kansas Territory the 
day and year above written 

C. K. HOLLIDAY 

Chm Ex Com K. T. Pro tern 

J. K. Goodin Secy 

A similar commission to Charles Robinson as 1st Major General and 
Commander in Chief, & to C. K. Holliday as Brigadier General were issued — 
Commissions were also given Gaius Jenkins and Milton C. Dickey as Col- 
onels as follows, 



The Topeka Movement. 157 



Office of Executive Committee K. T. 

Lawrence Feb. 7th 1856 

By authority given me by the Executive Committee of Kansas Territory 
You are hereby appointed, (having full confidence in your patriotism and 
bravery,) to organize and equip a batallion of mounted men for the protec- 
tion of the State Government, and the Citizens of Kansas. And the people 
aforesaid are hereby requested to respect you in your position, and aid you 
in perfecting the organization 

Given under my hand this Seventh day of February A. D. 1856 

To 

J. K. Goodin Sec 'y J. H. Lane Ch'n Ex. Com. K. T. 

Proclamation. 

Announcing Result of Election for State Officers. 

By authority vested in me as chairman of the executive Committee of 
Kansas Territory, I do hereby proclaim that an election held in the different 
precincts of said Territory on the 15th day of January 1856, as provided for 
by the Convention which met at Topeka to "frame a Constitution, adopt a 
Bill of Rights for the people of Kansas, and to take all needful steps toward 
the formation of a State Government preparatory to the admission of Kansas 
into the Union" that Charles Robinson having received the highest number 
of votes cast at said election, has been chosen Governor, and that W. Y. 
Roberts having received the highest number of votes cast at said election 
has been chosen Lieut. Governor; and that Philip C. Schuyler having re- 
ceived the highest number of votes cast at said election, was chosen Secretary 
of State; that G. A. Cutler having received the highest number of votes cast 
at said election, was chosen as Auditor of State; and that J. A. Wakefield 
having received the highest number of votes cast at said election, was chosen 
Treasurer of State and that H Miles Moore having received the highest 
number of votes cast at said election was chosen Attorney General; and that 
S. N. Latta, Morris Hunt & M. F. Conway having received the highest 
number of votes cast at said election, were chosen as Judges of the Supreme 
Court; and that S. B. Floyd having received the highest number of votes 
cast at said election, was elected Clerk of the Supreme Court; and that E. M. 
Thurston having received the highest number of votes cast at said election, 
was chosen as Reporter of the Supreme Court; and that John Speer having 
received the highest number of votes cast at said election, was chosen as 
State Printer. 

And I do hereby proclaim, that the same are hereby elected to the posi- 
tions mentioned, and that they be and appear, as provided in the Constitu- 
tion after mentioned, at the City of Topeka Kansas on the 4th A. D. 1856. 

Given under my hand at the Office of the Executive Committee of Kansas 
Territory this 6th day of February A. D. 1856. 

J. K. Goodin Secretary J. H. Lane Ch'n Ex. Com. K. T. 

Proclamation 

Office Executive Committee 

Lawrence K. T. Feby 8, 1856 

By authority invested in me as Chairman of the Executive Committee of 
Kansas Territory, I do hereby proclaim, that at an election held in the sev- 
eral Precincts of said Territory, on the 15th day of January A. D. 1856, as 
provided for by the Convention which met at Topeka, to frame a Constitu- 
tion "to adopt a Bill of Rights for the people of Kansas, and take all needful 
steps toward the formation of a State Government preparatory to the ad- 
mission of Kansas into the Union" That M. W. Delahay received the largest 
number of votes at said election for Representative to the 34th Congress of 
the United States and is hereby declared duly elected as said Representative. 

[ Given under my hand this day and year above written. 

J. K. Goodin Secy J. H. Lane Ch'n Ex Com 



158 



Kansas State Historical Society. 



Lawrence Feby 11th 1856 
Committee met — Present Lane Holliday Brown & Goodin — 
On motion of Mr. Holliday the Secy was directed to write M. J. Parrott 
Esq at Washington City, reminding him of his appointment as Chairman of 
a Committee of the Executive Committee to draft a memorial to be presented 
to Congress, setting forth our grievances and asking of Congress the im- 
mediate admission of Kansas into the the Union as a State — 

On motion Mr Brown, it was resolved, that the four remaining members 
of the Committee repair to Washington in order to prove as efficient as pos- 
sible in securing for Kansas her admission into the Union as a Sovereign 
State, and that the sum of five hundred dollars, certificates of indebtedness, 
be issued to C. K. Holliday, G. W. Brown, J. K. Goodin, and J. H. Lane 
toward defraying their expenses thereto, thereat, therefrom, in view of an 
overland route, and the difficulties and expense incurred in traveling in the 
present season of the year 

Provided that should Lane, Holliday, Brown, and Goodin ascertain that 
their efficiency would demand of them that they should remain more than 
thirty days in Washington, that the sum of Six dollars per diem shall be 
issued to said deputation (certificates of indebtedness aforesaid) for the 
further defraying of their necessary expenses while engaged in their aforesaid 
duties — 

Provided further, that should said deputation leave for Washington on 
or before the 10th day of March A. D. 1856, or as soon thereafter as prac- 
ticable, the Secretary be instructed to issue the Scrip aforesaid, yet retaining 
the same in his hands, after the same shall be countersigned, until such time 
as he may be satisfied the deputation aforesaid will visit Washington — 

That the Secretary be farther instructed to request of M. J. Parrott Esq, 
now in Washington City, to have written on parchment ready for certifying 
upon the arrival of the said deputation, the Constitution of the State of 
Kansas, that the same may be speedily presented to the Congress of the 
United States asking the immediate admission of Kansas into the Union — 

That the Secretary be further instructed to forward to Mr. Parrott a file 
of the Herald of Freedom containing the Proclamation &c of the Executive 
Committee, and affording other data to aid him in the preparation of the 
memorial aforesaid — and that he be requested to remain at Washington till 
such time as the deputation can reach that point — 



The Topeka Movement. 



159 





Executive Com. of Kansas Ter 




Account 
No 1. 

Allowed 
Nov. lst/55 
1— No 1 


To Capt Thomes Dr 

Sept. 1855. To 9 days Horse Hire for, 

Carriers $11.25 

Reed Paymt. 

Chas. H. Thomes 


Delivd to 
Capt Thomes 
J K G 


No. 2, 


Lawrence Oct. 22nd 1855, 




Allowed 
Nov. 1st/ 55 
1—2 


Ex. Com. of Kansas Ter. 

Bot of P. R. Brooks 

4 quires Writing Paper, $1 . 00 
Reed Paymt, 

P. R. Brooks 


Delivrd to 
P. R. Brooks 
J K G 


No. 3. 

Allowed by the Ex. 
Committee Nov. 1st 
1855. 


Lawrence Sept 1855 

Ex. Com. of Kansas Ter. Dr 
To Hugh O'Neal 
To expenses incurred as carrier $15.00 
Reed Paymt 

H. O'Neill 


Delivd to H. O'Neal 

J K G 
A new bill was 
handed in for this 
% and certificates 
of indebtness issued 
therefore of No 138- 
(3 pieces) 

J K G 


No. 4 

Allowed by the Ex, 
Committee Nov. 1. 
1855 


Lawrence K. T. Oct. 30/55 
Ex. Com. of Kansas Ter. To 

Miller & Elliott Dr, 
Oct. 1855, To publication of Proclamation for 
Election of Delegates for Constitutional Con- 
vention 38 — 


Delivd to Miller & 
Elliott 

(4ps) 


4—4 


To 500 Bills *' Convention 

Proclamation 12 — 
" Call for Election 4 . 




$54.00 

Reed Paymt 

Miller & Elliott 


($81.25 Carried 
over) 


No. 5 

Allowed by the Ex. 
Com. Nov. 1st 1855 


Lawrence Sept 1855, 
Ex. Com, of Kansas Ter. 

To Speer & Wood Dr, 
To printing 800 copies of Proclamation for 
delegates to the Constitutional Convention 

$30.00 

To 300 Blanks 10 . 00 
" 200 " 8.00 
" Blanks 3.00 
" Publishing Proclamation 38 . 00 


Reed Payt Nov 
10th/55 
Speer & Wood 




$89.00 

Reed Paymt 

Speer & Wood 





160 



Kansas State Historical Society. 



Bills for services &c of Members and officers of Constitutional Convention as per bills filed in 
their regular order as follows, & other accounts. 



L. Farnsworth for Stationary for use of Convention 
Ferdinand Wendel 21 days services as messenger to 

Con Convention, at 1.50 
Timothy Mclntire furnishing lights &c for Con. 

Convention 

R. H. Crosby services as member of Con. Convention 

mileage 

Marcus J. Parrott " " " " " " 
Caleb May " " " " " " 

Thomas Bell " " " " " " 

Saml. N. Latta " " " " " " 



$9.00 
31.50 



10.80 



M. W. Delehay 



Printing Bill $120 



E. C. K. Garvey Printing for 

David Dodge Services as Member of " 

and expenses as messenger 

Charles W Stewart " 

Wm Graham " " " " " " 

William Hicks " " " " " " 
John Landis " " " " " " 

Geo. S. Hillyer 
Wm R. Griffith 

Amt car' d up $1 

Amt Brot forward i 
G. A. Cutler for services of Const. Con !j 

James L. Sayle " " " " " 
James M. Arthur " " " " " 
Sanford McDaniel " " " " " 

Samuel Mewhinney " " " " " 
Harrison Burson " " " " " 
Alfred Curtiss " " " " *' 

J. M. Tuton 

James Redpath services as repprter for the Convention 

Morris Hunt Member Convention 

S. N. Wood services as Clerk to Committee 

Charles Robinson Member Convention 

John Dailey services as transcribing clerk Con. Con 

Timothy Mclntire for News-papers 

" " " services as door keeper 

J. F. Cummings for pub. Standing Committees 
James S. Emery Member Convention 
Sanford Henry Expenses as Messenger 
Guilford Dudley 

E. C. K. Garvey part Stationary bill 
John A Wakefield Member Convention 
Orville C. Brown " 

John H. Nesbitt 

L. Farnsworth Services as Sergeant at arms Con. Con. 
Philip Schuyler Member Convention 

Robert Klotz " " 



114.- 



J. G. Thompson " " 88. — 
Robert L. Mitchell 11 days services as asst door Keeper 44 . — 

Henry B. Burgess services as Chaplain to Con. Con. 63. — 

Richd Knight Member Convention 124 . 00 

Amory Hunting Member Convention 108.00 

Charles A. Foster services as asst clerk 126.00 
this scrip is counter signed by the Treasurer in 

black ink 

Amt Card forward 



Amt Brot ford 
E. C. K. Garvey Stationary for Con. Convention 
T. B. Ackley services as messenger for papers 

C. H. Thomes Horse Hire for Courriers 



Geo. W. Smith 
J. H. Lane 
J. K. Goodin 
C. K. Holliday 



Member of the Convention 



Loring Farnsworth 
Ferdinand Wendel 
Timothy Mclntire 

Reed Pay R. H. 

Crosby 
Marcus J. Parrott 
Caleb May 
Thomas Bell 
Reed payment S N 

Latta 

M. W. Delahay 



E. C. K. Garvey 
David Dodge 

C. W. Stewart 
Reed payment Wm 

Graham 
William Hicks 
John Landis 
Geo. S. Hillyer 
Wm R. Griffith 



Geo A Cutler 
James L Sayle 
James M Arthur 
Sanford McDaniel pr 

Sayle 
Samuel Mewhinney 
Harrison Burson 
Alfred Curtiss 
J. M. Tuton 
Jas Redpath 
M. Hunt 
S. N. Wood 
C Robinson 
Jno Dailey 
Timothy Mclntire 
Timothy Mclntire 
J. F. Cummings 
J. S. Emery 
Sandford Henry 
Guilford Dudley 
E. C. K. Garvey 
John A Wakefield 
O. C. Brown pr C. A. 

Foster 
John H Nesbitt 
Loring Farnsworth 
P. C. Schuyler per J. 

K. Goodin 
Robert Klotz by F. L. 

Crane 
J. G. Thompson 
Robert L Mitchell 
Henry B Burgess 
Richd. Knight 
Deliverd to C. Robin- 
son by request 
Charles A. Foster 



$5716.70 




$5716.70 




$24.15 


E. C. K. Garvey 


1.00 


Paid to Mr Ackley at 




Lawrence 


6.30 


Paid to C. H. Thomes 




at Lawrence 


98.00 


Geo W. Smith 


96.00 


J. H. Lane 


98.00 


J. K. Goodin 


84.00 


C. K. Holliday 



The Topeka Movement. 



161 



Henry Stevens for Horse Hire for Courier 
W. Y. Roberts Mem. Con. Convention 



Speer & Ross 
J. F. Legate 



Printing 
Officer of Election 



5.00 
88.00 



20.00 
1.50 



G. W. Brown Printing 

W. Y. Roberts Agent to the States 



James Davis 



125 
200 



G. W. Brown 



200.00 



*200 . 00 



M. J. Parrott " " " " 200.00 

as per order of Ex. Com. 200 . 00 

P. C. Schuyler for further Compensation as agt to U.S. 400 . 00 

C. K. Holliday Member of Ex. Com. to Cary Consti- 
tution to Washington. &c 500 . 00 

G. W. Brown Member of Ex. Com. to Cary Consti- 
tution to Washington. &c 500 . 00 

James H. Lane Member of Ex. Com. to Cary Consti- 
tution to Washington. &c 300 . 00 

J. K. Goodin Member of Ex. Com. to Cary Consti- 
tution to Washington. &c 500 . 00 



Lyman Allen officer in 3 Elections 4 . 50 

A. D. Searl officer in 3 Elections & office rent Ex. Com . 29 . 00 

W. L. Brigden officer in 2 Elections 3 . 00 
John W. Stephens Distributing Election papers 

& return Judge 18 . 00 

Cummings & Hays Printing 5 . 50 

M. J. Mitchell Officer of 3 Elections 4 . 50 

G. P. Lowry Stationary 3 . 00 

C. C. Hyde Services as Carrier 3 . 00 

Saml Sutherland Clerk of Election 1 . 50 

Morris Hunt Clerk of Election 1 . 50 

G. W. & W. Hutchinson Stationary furniture for 

office, Lights &c 60 . 00 

Eli Lyman attention office Ex. Com. 26.00 

P. O. Conver Printing 20 . 00 

Geo. F. Earl Clerk of 2 Elections 3 . 00 



Thos Burden for Wood furnished Ex. office 7 . 00 

William Duck return Judge 36. — 

G. W. Brown Printing 249 . — 

E. Clark, Ex Carrier of Election papers 19. — 

B. G. Cody Election officer & Return Judge 24.16 

Thos. G. Collins " " " " " 24.16 

G.Jenkins Stove & Furniture for Ex. office 50.35 

Turner Sampson. Agent to the States 200 . 00 

M.F.Conway " " " " 200.00 

G. W. Smith Ex. Carrier of Election papers 20 . 00 

J. B. Conway Services as carrier 5 . 00 

J. S. Emery Agt to the States 200 . 00 

Morris Hunt " " " " 200 . 00 

Speer & Ross Printing 166 . 00 

P. O. Conver " 101.00 

J. S. Emery Ex. Carrier Election papers 20 . 00 

G. W. Smith Agt to the States 200 . 00 

Morris Hunt Ex. Carrier Election papers 25 . 00 
G. W. Smith part, for Services as Member Ex. Com. 200 . 00 



James G. Sands Attendance upon David Buffam a 

wounded soldier 72 . 00 

Samuel C. Smith, Services as Clk of Con. Convention &c 

272.00 

" Agt to the States 200 . 00 



delivd to H. Stevens 
J. K. G. 
" to W. Y. 
Roberts J. K. G. 



W. Y. Roberts not 
having performed his 
mission has returned 
this amt 

James Davis not hav- 
ing performed his 
mission, the scrip has 
been destroyed as 
above 

*G. W. Brown not hav- 
ing gone upon his 
agency the $200 certi- 
ficates was returned 
and destroyed 



$93'63.65 added thus 
far 

*From No. 75 to No. 
90 exclusive not added 
A. D. Searl 
W. L. Brigden 



Cummings & Hays 
by C. K. Holliday 



by John Speer 



*added from No. 90 to 
Bottom of page 



paid to G. A. Cutler 
" to G. A. Cutler 
" over 



— 11 



1- 
1- 

6- 
3- 

15- 

7- 

54- 
1- 

L5- 

L7- 
10- 

3 

4- 

3 

2 

3 
3 
1 
1 
1 

12- 

1 
1 

1 
1 

1- 
3 

1 

7- 
1- 
3- 
1 

3- 
5- 
7- 
7- 
1- 
5- 
8- 
8- 

1- 
8- 
1 



Kansas State Historical Society. 



G. W. Brown part for Services as member of Ex. Com. 

K. T. 50.00 
Caleb S. Pratt, Expenses distributing Election papers 25 . 00 
Chas Robinson, " " " " 104.00 

A. K. Burdett Services rendered Ex. Com. 18 . 00 

Saml F. Tappan " as asst Clerk of Con. Con- 
vention 200 . 00 
Miller & Elliott Printing 219.00 



Amt Carried over, $12170 . 32 



Amt Brot forward $12170 . 32 

James H. Lane part pay member of Ex. Com. 200 . 00 

Henry Stephens, Horse Hire for Carrier 5 . 00 

A. H. Mallory, Agt to the States 200 . 00 

M. F. Conway, Ex. in distributing Election papers 25.00 
A. H. Mallory " " " " " 64.00 

Green B. Raum Officer & return Judge of Election 21 . 50 

J. S. Emery Clerk of Election 1 . 50 

J. K. Goodin, part for services as Member of Ex. Com. 200 . 00 



Jno W. Stephens Services as Return Judge of Elections 23 . 00 

Chas S Foster Officer & return Judge of Election 12.66 

T. A. Minard, Clerk of Election 1 . 50 

Stephen Sparks Officer & return Judge of Election 9 . 50 

James H. Lane Agt to the States 200 . 00 

J. G. Snodgrass Clerk of Election 1 . 50 

Thos. Wolverton Clerk of 3 Elections 4 . 50 

William Jesse Officer & Return Judge of Elections 4 . 50 

M. J. Mitchell Services as Special Messenger 15 . 00 

William Riley Officer of 3 Elections 4 . 50 

Geo. S. Ramsey " " " " 4 . 50 

S. J. Acklin " " " " 4.50 

W. R. Frost " & return Judge of Elections 5 . 50 

Eli Allen " of 3 Elections 4 . 50 
This as a bill which has been twice handed in, it 

was allowed see Bill No. 3, the scrip for the amt 

$15 has been issued under No. — 138 — 

G. F. Warren Ex. in distributing Election papers & 

return Judge 59 . 00 
W. N. Baldwin Board & attendance on D. Buffam a 

wounded soldier 50 . 00 
C. Hurd & L. L. Hall Board of D. Buffam a wounded 

soldier 20 . 00 

Henry Hurd Ex. in distributing Election papers 45 . 00 

Geo. F. Earl " " " " " 40.00 

John Sicoxie Horse Hire for Carrier 10 . 00 

Wm Pennock Officer & return Judge of Election 11.00 

H. Stephens Boarding of Ex. Com. 6 . 75 
L. W. Home Services in distributing Election papers 110 . 00 



Amt Carried forward $13834.73 



Amt Brot forward $13834 . 73 

H. L. Enos Officer of 2 Elections 3 . 00 

P. T. Hupp " " " " 3 .00 

E. P. Richardson " " 1 Election 1 . 50 

P. O. Conver Printing 5 .00 

James H. Greene Extra labor Printing 10 . 00 
Hiram Dunbar Ex. & Services in distributing election 

papers 39.25 

William Duck Return Judge 8 . 00 
R. L. Mitchell Services in distributing Election papers 55 . 00 

Chas Jordon Officer & return Judge of Election 6.00 

T. R. Foster Services in distributing Election papers 30.00 

J. H. Crane Ex. Labor. Printing 5 .00 

Theron Tucker Services in distributing Election papers 65 . 00 

A.H.Barnard " " " " " 65.00 

C. N. Gray " " " " " 40 .00 

H. Stratton " " " " " 80.00 

J. F. Cummings Judge of 2 Elections 3 . 00 

M. C. Dickey Services distributing Election papers 46 . 00 

C. Hurd & L. L. Hall. Board of D. Buffam 10 . 00 
C. K. Holliday part services as Member of Ex.Com. 

K. T. 100.00 

P. S. Hutchinson Officer in 2 Elections 3 . 00 

E. C. K. Garvey Printing Bill & Office rent 1 qr 679 . 00 
" " " Services as asst secy of Ex. Com 

& office rent 1 qr 45 . 00 



The Topeka Movement. 



163 



1—171 
1—172 
11—173 
1—174 
6—175 



Clark & Blood Fuel for Office 1 . 62 

G. W. Brown Printing 12 . 50 

50.80 

J. H. Shimmons, Officer in 3 Elections 4 . 50 

Morris Hunt, Loss of Horse in Canvassing with 

election papers 60 . 00 



Expenses entire in the Organization & up to State 

Govt $15265.90 



Autographs of Members elected to the First Constitutional Conven- 
tion taken by the Secretary of the "Executive Committee of Kansas Territory," 
to be deposited as may be provided by Law in the Archives of the State of 
Kansas for future Lithographing. 

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164 



Kansas State Historical Society. 



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The Topeka Movement. 



165 



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166 



Kansas State Historical Society. 



JOURNAL OF THE HOUSE OF REPRESENTATIVES OF THE STATE 
OF KANSAS, March 4, 1856. 

City of Topeka 12 o'clock M. 

At the first session of the first General Assembly of Kansas under the 
Constitution of said State which was framed by a convention convened at 
Topeka on the 23d day of October A. D., 1855, and ratified by the people 
on the 15th day of December A. D., 1855 at 12 o'clock M. on Tuesday 
the 4th day of March A D, 1856, in pursuance of the 3d section of the Schedule 
attached to said constitution. The house was called to order by J. H. Lane 
Chairman of the "Executive Committee of Kansas Territory" with C. K. 
Holliday Secretary pro tern of Executive Committee aforesaid 

Upon a call of the roll of members Elect it was ascertained that a quorum 
was not present whereupon on motion of Mr. Blood the meeting adjourned 
until 2 o'clock P. M. 



2 o'clock P.M. 

Met pursuant to adjournment. The roll being called the following gentle- 
men answered to their names: 

1st Dsitrict S.N. Hartwell 

J. B. Abbott 

H. F. Saunders 

James Blood 

Columbus Horsnby 

E. B. Purdam 

James McGhee 
2d District Alfred Curtis 

J. M. Tuton 

S. Walker 
3d District Milton C. Dickey 

William R. Frost 

W. A. Simmerwell 
4th District Samuel Mewhinney 

S. T. Shores 
5th District Horace W. Tabor 

D. Toothman 

Henry Todd 

6th District Thomas J. Addis 

7th District Wm. M. McClure 

9th District William Hicks 

William B. Wade 

10th District A. M. Jameison 

11th District E. R. Zimmerman 

John W. Stephens 

William Crosby 
12th District J. K. Edsall 

Stephen Sparks 

Patrick R. Orr 

Thomas A. Minard 

Isaac Cody 



The Topeka Movement. 



167 



The Chairman having announced that a quorum of the House were in 
attendance the oath of office was administered them by the Chairman of 
the "Executive Committee of Kansas Territory" 

On motion of Mr. Addis the House proceeded to the election of a Speaker 
to serve during the session and the following was the result of the balloting: 
Thomas A. Minard had 17 votes 
James Blood had 8 votes 

J. M. Tuton had 3 votes 

Thomas A Minard having received a majority of all the votes given was 
declared duly elected Speaker of the House and proceeded to the discharge 
of his duties the oath of office upon motion of Mr. Blood being administered 
by Mr. Tuton 

On motion of Mr. Blood the House then proceeded to the election of a 
Chief Clerk to serve during the present session and the following was the 
result 

J. K. Goodin had 23 votes 
G. F. Warren had 5 votes 
J. K. Goodin having received a majority of all the votes given was de- 
clared duly elected Chief Clerk of the House of Representatives to serve 
during the present session and the oath of office being administered proceeded 
to the discharge of his duties. Mr. Dickey being appointed a committee 
of one to wait upon Mr. Goodin and inform him of his election. 

On motion of Mr. Curtis House proceeded to the election of assistant 
clerk and the following was the result 

Josiah Miller had 12 votes 
Samuel F. Tappan had 12 votes 
Necessary to a choice 13 votes 
There being a tie vote the House proceeded to the second balloting and 
the following was the result Josiah Miller having withdrawn 
S. F. Tappan had 20 votes 
S.Tucker " 8 " 

Samuel F. Tappan having received a majority of all the votes given was 
declared duly elected assistant Clerk of the House of Representatives to 
serve during the present session and the oath of office being administered 
proceeded to the discharge of his duties 

House then proceeded to the election of a Transcribing Clerk and the 
following was the result 

Mr. Snodgrass had 13 votes 
Caleb S. Pratt had 3 " 
Mr. Lawrence had 1 " 
S. Tucker had 8 " 

T. Sumner had 4 " 

Whole number of votes cast 29 " 
Necessary to a choice 15 
No person having received a majority of all the votes cast it was declared 
that there was no election A second balloting was had which resulted as 
follows 

Mr. Snodgrass had 21 votes 
Caleb S. Pratt had 2 " 
S. Tucker had 7 " 

T. Sumner had 1 " 



168 



Kansas State Historical Society. 



Mr. Snodgrass having received a majority of all the votes cast, was 
declared duly elected Transcribing Clerk to serve during the session and the 
oath of office being administered proceeded to the discharge of his duties. 

The House then proceeded to the election of an assistant Transcribing 
Clerk which resulted as follows 

Caleb S. Pratt had 3 votes 
G. F. Gordon had 18 " 
S. Tucker had 7 " 

George S. Ramsey had 3 " 
Whole number of votes cast 31 " 
Necessary to a choice 16 
G. F. Gordon having received a majority of all the votes given was 
declared duly elected Assistant Transcribing Clerk for the House of Repre- 
sentatives to serve during the present session and the administration of the 
oath was deffered Mr. Gordon not being present. 

On motion of Mr. Tuton the House proceeded to the election of Sergeant 
at Arms which resulted as follows 

Edward Emerson had 7 votes 
M. J. Mitchell had 24 " 
Whole number of votes 31 " 
M. J, Mitchell having received a majority of all the votes given was 
declared duly elected and having taken the oath of office proceeded to the 
discharge of his duties 

On motion of Mr. Hartwell House proceeded to the election of Assistant 
Sergeant at Arms and the following was the result 

Jacob Branson had 4 votes 
Edward Emerson had 9 " 
Swain had 7 " 
L. Farnsworth had 11 " 
Whole number of votes 31 votes 
Necessary to a choice 16 do 
No person having received a majority of all the votes given it was declared 
there was no election The House then proceeded to a second balloting 
which resulted as follows 

Jacob Branson had 2 votes 
Edward Emerson had 5 " 
Mr. Swain had 15 " 

L. Farnsworth had 9 " 
Whole number of votes 31 " 
Necessary to a choice 16 
No person having received a majority of all the votes given a third 
balloting was had with the following result 

Edward Emerson had 1 vote 
Mr. Swain had 22 " 

L. Farnsworth had 8 " 
Whole number of votes 31 
Necessary to a choice 16 
Mr Swain having received a majority of all the votes given was declared 
duly elected and having taken the oath of office proceeded to the discharge 
of his duties 



The Topeka Movement. 



169 



On motion of Mr. Blood House proceeded to the election of Doorkeeper 
with the following result 

Jacob Branson had 25 votes 
Mr. Moore had 4 " 

E. Dudley 1 vote 

George Earl 1 " 

Whole number of votes 31 
Necessary to a choice 16 
Jacob Branson having received a majority of all the votes given was 
declared duly elected and having taken the oath of office proceeded to the 
discharge of his duties 

On motion of Mr. Blood the House proceeded to the election of Assistant 
Door Keeper to serve the present session and the following was the result 
L. Farnsworth had 10 votes 
Mr. Moore " 4 " 

Mr. Leonard " 1 " 

George Earl " 13 " 

Mr. Cleveland " 2 " 
Whole number of votes 30 
Necessary to a choice 16 
No person having received a majority of all the votes given it was declared 
there was no election whereupon the House proceeded to a second balloting 
with the following result 

George Earl had 8 votes 

L. Farnsworth " 21 " 
Mr. Cleveland 1 " 

Mr. Moore 1 " 

Whole number of votes cast 31 " 
Necessary to a choice 16 
Loring Farnsworth having received a majority of all the votes given was 
declared duly elected on account of the absence of Mr. Farnsworth the 
administration of the oath was deferred 

On motion of Mr. Tuton House proceed to the election of chaplai v to 
serve during the present session which resulted as follows 
Rev. Burgess had 8 votes 
Rev. Segraves had 11 votes 
Rev. Lovejoy " 12 " 

Whole number of votes 31 
Necessary to a choice 16 
No person having received a majority of all the votes given it was declared 
there had been no election whereupon the House proceeded to a second 
balloting with the following result 

Rev. Burgess had 3 votes 
Rev. Segreaves had 12 " 
Rev. Lovejoy had 16 " 
Whole number of votes 31 
Necessary to a choice 16 
Rev. Lovejoy having received a majority of all the votes given was 
declared duly elected as Chaplain for the House of Representatives during 
the present session 



170 



Kansas State Historical Society. 



MESSAGE FROM THE SENATE 

Mr. Speaker The following resolution has been adopted by the Senate, 
Relative to the organization of the Senate 

Relative to the announcement by the Executive Committee of Kansas 
Territory of the result of the Election for State officers and witnessing the 
administration of the oath of office to them 

A. Allen Secretary 

On Motion of Mr. Crosby the House proceeded to the election of one 
messenger to serve during the present session and the following was the 
result 

John M. Speer had 22 votes 

David Segraves " 7 " 

Went worth " 2 " 

John M. Speer having received the majority of all the votes given was 
declared duly elected and having taken the oath of office entered upon the 
discharge of his duties 

The House then proceeded to the election of an assistant messenger and 
the following was the result David Segraves had 22 votes and being declared 
duly elected took the oath of office and entered upon the discharge of his 
duties 

Mr. Blood offered the following resolution 

Resolved that the Clerk of this House inform the Senate that a quorum 
of the House having appeared and answered to their names that a Speaker 
has been elected and that the House is now ready to proceed to business — 
carried 

On motion by the same gentleman 

Resolved. That a committee of two be appointed by the Chair to wait 
upon the Governor and State Officers in conjunction with such committee 
as may be appointed by the Senate and inform them of the time designated 
to take the oath of office 

The Speaker appointed Mess Blood and Tuton 
On motion of the same gentleman 

Resolved that William Hutchinson Esq, be admitted within the bar of 
this House as Reporter for the New York Dailey Times 

On motion of Mr. Tuton 

Resolved that the Senate be invited to the Hall of the House of Repre- 
sentatives at 10 o'clock tomorrow to hear from the Executive Committee 
in joint convention the result of the late Election for State Officers and to 
witness the administration of the oath of office to the same and that seats 
be provided on the right of the Speaker's chair for the accomodation of the 
Senate 

Mr. Blood moved to amend by striking out the words 10 o'clock A. M. 
tomorrow and inserting 5 o'clock P. M. this day 
Amendment was carried. 

Question being on the adoption of the resolution as amended it was 
adopted 

Mr. Blood offered the following 

Resolved that G. W. Brown be admitted to a seat within the bar of this 
House as reporter for the Herald of Freedom and the New York Courier and 
Inquirer 

Resolution adopted 



The Topeka Movement. 



171 



On motion of the same gentleman a committee of three were appointed 
to report Rules for the Government of the House 

The Chair appointed Mess. Blood Dickey and Tuton that committee 

On motion of the same gentleman it was Resolved that when this House 
adjourn it do adjourn until nine o'clock tomorrow morning. 

On motion the House took a recess of fifteen minutes 

5 O'clock P. M. 

Joint session of the Senate and House of Representatives 
The hour appointed having arrived for a joint session of both houses 
The Senate was announced whereupon the Chairman of the Executive 
Committee of Kansas Territory proclaimed the election by the people on 



the 15th day of January A. 


D 


1856 of 


Charles Robinson 


as 


Governor of the State of Kansas 


Wm. Y. Roberts 


as 


Lieut. Governor of the State of Kansas 


P. C. Schuyler 


as 


Secretary of State 


George A. Cutler 


as 


Auditor of State 


John A. Wakefield 


as 


Treasurer of State 


H. Miles Moore 


as 


Attorney General 


S. N. Latta ) 






M. F. Conway I 


as 


Supreme Judges 


Morris Hunt ) 






E. M. Thurston 


as 


Reporter of the^ Supreme Court 


S. B. Floyd 


as 


Clerk of the Supreme Court 


John Speer 


as 


State Printer 


Mark W. Delahay 


as 


Representative in Congress 



Charles Robinson Governor was introduced and took the oath of office 
which was administered him by the President of the Senate whereupon the 
following inaugeral address was delivered by his Excellency 

Fellow Citizens of the General Assembly 

On taking the oath of office and assuming the duties of the Executive 
of the State of Kansas a word from me may not be improper 

It has pleased the people of Kansas to call us from our accustomed duties 
to discharge high and important trusts In our keeping for a brief period is 
placed the Legislative and Executive power of the new State To us the 
people look for wise and wholesome laws and the faithful administration 
of the Government on the true principles of Republicanism and Squatter 
Sovereignty In the Execution of this trust it will be my pleasure no less 
than my duty to cooperate with you in all measures for the good of the 
people 

Our position is peculiar. Although the people of Kansas have followed 
precedents set them by other new States and sanctioned by Congress and 
the proceedings in the formation of a State Government are all regular 
yet for the first time in the history of our country the President and his 
appointees characterize the movement as treasonable 

This was not to be expected from the advocates of the Kansas-Nebraska 
act which professes to leave the people of the Territories perfectly free to 
form and regulate their domestic institutions in their own way subject only 
to the Constitution of the United States. Some of the people of an adjoining 
State unite with the President in opposing the people of Kansas in forming 
and regulating their own government and threaten our destruction if we 
do not conform to their dictation 

Should the course indicated by the President and the people of another 
State be persisted in and our rights again be trampled in the dust by official 
interference or lawless invasion the people of Kansas would be justified 



172 



Kansas State Historical Society. 



before the world in asserting their rights by revolution but since it is believed 
that Congress will grant to us the same rights and immunities that it has 
granted to other States the people of Missouri and the Federal Executive to 
the contrary notwithstanding it is better to suffer while evils are sufferable 
than attempt to right ourselves by a hasty resort to extreme measures 

Our course as a people thus far has been distinguished for forbearance 
long suffering and patience and good policy would still dictate that every 
honourable effort be made to establish and cultivate friendly relations with 
our oppressors especially with the people of our adjoining Sister State 

Nothing should be done in a spirit of retaliation but rather of conciliation 

Although our own rights have been repeatedly invaded and wrested 
from us let us show that we respect the constitution and laws of our land 
and the rights of the people of the respective States That until forbearance 
ceases to be a virtue and becomes cowardice and oppression becomes in- 
sufferable we will ever be found loyal citizens of the Government 

Important questions will come before you for consideration and it can- 
not be expected that perfect unanimity will pervail upon any subject yet 
it is desireable and necessary with the various elements in a legislature of a 
new State that a spirit of concession and harmony should characterize the 
members that the enactments may carry with them a moral force that will 
cause them to be respected by the people. 

The position allotted us by the partiality of our fellow citizens is one of 
great responsibility and we need that wisdom which comes from above to 
so direct us that we may render a good account of our actions to our consti- 
tuents and posterity 

John A. Wakefield Treasurer Elect 

H. Miles Moore Attorney General Elect 

Morris Hunt Supreme Judge Elect 

and John Speer State Printer Elect 
came forward and took the oath of office 

No further business being before the convention it was declared adjourned 
Sine Die 

On motion of Mr. Addis the Sergeant at Arms was instructed to procure 
a sufficiency of lights fuel Stationary &c for the comfort and convenience of 
the members of the House 

On motion of Mr. Curtiss House adjourned until tomorrow morning 9 
o'clock The following special message from the Governor was read to the 
House prior to adjournment 

To the Senate and House of Representatives 

Gentlemen In accordance with the provision of the constitution I have 
this day appointed Robert Klotz Secretary of State to fill the vacancy oc- 
casioned by the absence from the State of P. C. Schuyler Secretary Elect 

Topeka March 4. 1856 (signed) C. Robinson 

J. K. Goodin Chf Clk H. Rep. 

House of Representatives 
Topeka March 5th 1856 

House called to order by the Speaker 
Prayer by the Rev. Mr. Tuton 

A call of the House being had 29 members answered to their names. A 
quorum being present further proceedings under the call was dispensed with 

The Sergeant at Arms was dispatched for absentees. Journal of yesterday 
read amended and approved Mr. H. H. Williams and John Brown Jr ap- 
peared and took the oath of office 

On motion of Mr. Frost 

Resolved that a committee of two be appointed by the Chair to wait upon 



The Topeka Movement. 173 

the Governor in conjunction with such committee as may' be appointed by 
the Senate to inform him that the two houses have organized and are ready 
to receive any communication which he may have to make. 

On motion of Mr. Tuton resolution was laid on the table. 
Mr. Blood Chairman of Committee on rules and regulations for the gov- 
ernment of the House reported as follows 

RULES AND ORDERS OF THE HOUSE 

Touching the Duties and rights of the Speaker 

1st. He shall take the chair every day at the hour to which the House 
shall have adjourned on the preceeding day, and immediately call the mem- 
bers to order If a quorum shall be in attendance he shall cause the journal 
of the preceeding day to be read 

2d. He shall preserve order and decorum he may speak to points of 
order in preference to members rising from his seat for that purpose he shall 
decide questions of order subject to an appeal to the House by any two 
members on which appeal no member shall speak more than once unless by 
leave of the House 

3d. He shall rise to put a question but may state it while sitting 

4th Questions shall be distinctly put in this form to wit as many as are 
of the opinion that (as the question may be) say aye: and after the affirma- 
tive voice is expressed As many as are of the contrary opinion say no. 

If the Speaker doubts or if a division be called for the house shall divide 
those in the affirmative of the question shall rise from their seats and remain 
until counted afterwards those in the negative 

5th. The Speaker shall have the right to examine and correct the journal 
before it is read He shall have a general direction of the Hall He shall have 
the right to name any member to perform the duties of the Chair but such 
substitution shall not extend beyond an adjournment 

6th In all cases of Election by the House the Speaker shall vote, in other 
cases he shall not vote unless the House be equally divided or unless his vote 
if given to the minority will make the division equal and case of such Equal 
division the question shall be lost 

7th All committees shall be appointed by the Speaker unless otherwise 
Especially directed by the House in which case they shall be elected by a 
viva voce vote and if upon such vote the number required shall not be elected 
by a majority of the votes given the House shall proceed to a second vote in 
which a plurality of votes shall prevail and in case a greater number than is 
required to compose or complete a committee shall have an equal number 
of votes the House shall proceed to a further vote or votes 

8th In all cases other than the election of committees, a majority of the 
votes given shall be necessary, to an election and when there shall not be 
such a majority on the first vote the vote shall be repeated until a majority 
be obtained 

9th All acts adresses and joint resolutions shall be signed by the Speaker 
and all writs warrants and subpoenas issued by order of the House shall be 
under his hand and seal attested by the Clerk. 

10th In case of any disturbance or disorderly conduct in the gallery or 
lobby the Speaker shall have power to order the same to be cleared 

11th No person shall be admitted within the bar but the officers of the 
General or State Government and such other persons as the House may 
think proper to invite 

Rules of decorum and debate 

12th When any member is about to speak in debate or deliver any matter 
to the House he shall rise from his seat and respectfully address himself to 
Mr. Speaker and shall confine himself to the question under debate and 
avoid personality 

13th If any member in speaking or otherwise transgress the rules of the 
House the Speaker shall or any member may call to order in which case the 



174 



Kansas State Historical Society. 



member so called to order shall immediately sit down unless permitted to 
explain and the house shall if appealed to decide on the case but without 
debate if there be no appeal the decision of the chair shall be submitted to 
If the decision be in favor of the member called to order he shall be at liberty 
to proceed without leave of the House and if the case require it he shall be 
liable to the censure of the House 

14th When two or more happen to rise at the same time, the Speaker 
shall name the person who is first to speak 

15th No member shall speak more than twice on the same question or 
more than one half hour on each occasion without leave of the House nor 
more than once until every member choosing to speak shall have spoken 
But the mover of any proposition shall have the right to open and close the 
debate and in case the proposition comes from any committee then the 
number [member] making the report from the committee shall have the 
right to open and close the debate 

16th Whilst the Speaker is putting any question or addressing the House 
none shall walk out of or across the House nor in such case or when a member 
is speaking shall entertain private discourse nor whilst a member is speaking 
shall pass between him and the chair 

17th No member shall vote on any question in the event of which he is 
immediately and particularly interested or in any case where he was not 
present when the question was put 

18th Every member who shall be within the bar of the House when a 
question is put shall give his vote unless the House shall for special reasons 
Excuse him No member shall be allowed to make any explanation of a vote 
he is about to give or ask to be excused from voting after the Clerk under 
the order of the House shall have commenced calling the yeas and nays. 

19th When a motion is made and seconded it shall be stated by the 
Speaker or being in writing it shall be handed to the chair and read aloud 
by the Clerk before debated 

20th Every motion shall be reduced to writing if the Speaker or any 
member desire it 

21st After a motion is stated by the Speaker or read by the Clerk it shall 
be deemed to be in possession of the House but may be withdrawn at any 
time before a decision or amendment 

22d When a question is under debate no motion shall be received but 
1st to adjourn 2d to lay on the table 3d for the previous question 4th to 
postpone to a day certain 5th to commit 6th to amend or 7th to postpone 
indefinitely which several motions shall have precedence in the order in 
which they are arranged, and no motion to postpone to a day certain to com- 
mit or postpone indefinitely be decided shall be again allowed on the same 
day and at the same stage of the bill or proposition. A motion to strike out 
the enacting words of the bill shall have precedence of a motion to amend 
and if carried shall be considered equivalent to its rejection 

23d A motion to adjourn shall always be in order that and the motion to 
lie on the table shall be decided without debate 

24th The previous question shall be in this form shall the main question 
be now put? It shall only be admitted when sustained by a majority of the 
members present and when carried its Effect shall be to put an end to all 
debate and to bring the House to a direct vote 

25th When a question is postponed indefinitely the same shall not be 
acted upon again during the session. 

26th Any member may call for the division of a question when the same 
will admit of it a motion to strike out and insert shall be deemed indivisible 
But a motion to strike out being lo3t shall preclude neither amendment nor 
a motion to strike out and insert 

27th Motions and reports may be committed at the pleasure of the House 

28th When a motion has been made and carried in the affirmative or 
negative it shall be in order for any member of the majority to move for the 
reconsideration thereof on the same or the next sitting day 

29th When the reading of a paper is called for and the same is objected 
to by any member the House shall determine whether said paper shall be 
read or not 



The Topeka Movement. 175 

30th When a resolution shall be offered or a motion made to refer any 
subject and select and standing committees shall be proposed the question 
for reference to a Standing Committee shall be first put 

31st Every order resolution or vote to which the Concurrence of the 
Senate shall be necessary shall be read to the House and laid on the table on 
a day preceeding that in which the same shall be moved unless the House 
shall otherwise Expressly allow. 

32d Petitions Memorials and other papers addressed to the House shall 
be presented by the Speaker or by a member in his place, a brief statement 
of the contents thereof shall verbally be made by the introducer and shall 
not be debated or decided on the day of their being first read unless where 
the house shall direct otherwise but shall lie on the table to be taken up in 
the order they were read 

33d Any ten members (including the Speaker if there be one) shall be 
authorized to compel the attendance of absent members 

34th Upon calls of the House or in taking the yeas and nays on any ques- 
tion the names of the members shall be called alphabetically and no member 
shall be allowed to vote Except he be in his seat 

35th No member shall absent himself from the service of the House un- 
less he have leave or be unable from sickness to attend 

36th Upon the call of the House the names of the members shall be called 
over by the clerk and the absentees noted after which the names of the absen- 
tees shall again be called over the doors shall then be shut and those for 
whom no excuse or insufficient excuses are made may by order of those pres- 
ent if ten in number be taken into custody as they appear or may be sent for 
and taken into custody wherever to be found by special messengers to be 
appointed for that purpose 

37th When a member shall be discharged from custody and admitted to 
his seat the House shall determine w[h]ether such discharge shall be with or 
without paying fees and in like manner w[h]ether a delinquent member 
taken into custody by a special messenger shall or shall not be liable to defray 
the expense of such special messenger 

38th A Sargeant at Arms shall be appointed to hold his office during the 
pleasure of the house whose duty it shall be to attend the House during its 
sitting to execute the commands of the House from time to time together 
with all such processes] issued by the authority thereof as shall be directed 
to him by the Speaker 

Order of Business of the day 

39th As soon as the journal is read the Speaker shall ask if there are any 
petitions or memorials to be presented. The petitions and memorials having 
been presented and disposed of reports first from standing and then from 
the Select committees shall be called for and disposed of after which the 
Speaker shall dispose of the bills messages and communications on his table 
and then proceed to call the order of the day 

40th The unfinished business in which the house was engaged at the 
time of the last adjournment shall have the preference in the orders of the 
day and no motion or any other business shall be received without special 
leave of the House until the former is disposed of 

41st All questions relating to the priority of business shall be decided 
without debate 

42d Eighteen Standing Committees shall be appointed at the com- 
mencement of the session 

To consist of five members each 

A Committee of Ways and Means 

A Committee of Elections 

A Committee of Claims 

A Committee on the Judiciary 

A Committee on Militia 

A Committee on Agriculture and Manufactures 

A Committee on Apportionment 

A Committee on Corporations and Banking 



176 Kansas State Historical Society. 

A Committee on Education 

A Committee on Public Institutions 

A Committee on Vice and Immorality 

A Committee on Finance and taxation 

A Committee on Accounts 

A Committee on Printing 

A Committee on State Lands 

A Committee on New Counties and County Lines 

A Committee on Public Roads 

A Committee on Internal Improvements 

The several standing committees of the House shall have leave to report 
by By Bill or otherwise No Committee shall sit during the sitting of the 
House without special leave 

The Clerk of the House shall take an oath for the true and faithful dis- 
charge of the duties of his office to the best of his knowledge and abilities 
and shall be deemed to continue until another be appointed 

On Bills 

Every bill shall receive three readings in the house previous to its passage 
and all bills shall be dispatched in order as they were introduced unless where 
the House shall direct otherwise but no bill shall be read twice on the same 
day without special order of the House 

Upon a second reading of a bill the Speaker shall state it as ready for 
commitment or engrossment and if committed the question shall be whether 
to a select or standing committee or to a committee of the whole House 

After commitment and report thereof to the House or at any time before 
its passage a bill may be recommitted 

All bills ordered to be engrossed shall be executed in a fair round hand 

No amendment by way of Ryder shall be received to any bill on its third 
reading 

When a bill shall pass it shall be certified by the Clerk noting the day of 
its passage at the foot thereof 

Of Committes of the Whole House 

"When the House shall determine to go into committee of the whole the 
Speaker shall appoint the member who shall take the Chair 

On all questions and motions whatever the Speaker shall take sense of 
the House by yeas and nays provided two of the members present shall so 
require 

Every question of order shall be noted by the Clerk with thereon 

and inscribed at large on the Journal 

Upon bills committed to the committee of the whole House the bill 
shall first be read throughout by the Clerk and then again read by the Clerk 
and then again read and debated by clauses the body of the bill shall not 
be defaced nor interlined but all amendments noting the page and line shall 
be duly entered by the clerk on a separate paper as the same shall be agreed 
to by the committee and so report to the House After report the bill shall 
again be subject to be debated and amended by clauses before a question 
to engross it be taken 

The rules of proceeding in the house shall be observed in the committee 
of the Whole House so far as they may be applicable except the rule limiting 
the time of speaking but no member shall speak twice to any question until 
every member choosing to speak shall have spoken 

All questions w[h]ether in committee or in the House shall be propounded 
in the order in which they were moved except that in filling up blanks the 
largest sum and longest time shall be first put 

It shall be in order for the committee on Enrolled Bills to report at any 
time 

No rule or order of the House shall be received altered or repealed unless 
two thirds of the members present shall consent thereto 

On motion of Mr. McClure the report was laid upon the table and 
ordered to be printed 



The Topeka Movement. 



Ill 



MESSAGE FROM THE SENATE 

Mr. Speaker, I have the honour to present the following Extract from 
the Journal of the Senate. 

Resolved that a committee of two be appointed by the President to con- 
fer with a similar committee of the House of Representatives and to prepare 
joint rules for the Government of the Senate and House of Representatives 
Whereupon the President appointed Mess. Allen and Dailey 
, Resolved that a committee of two be appointed by the President who with 
a similar committee of the House shall wait on the Governor and inform him 
that the two houses are organized and ready to receive any message that 
he may have to communicate whereupon the President appointed Mess. 
Allen and Harding 

signed A. Allen Secy. 

On motion of Mr. Tuton 

Resolved that the Chairman of the Executive Committee of Kansas 
Territory be respectfully invited to submit to the General Assembly a 
report of the doings of said Committee 

On motion of Mr. Stephens 

Resolved that the Sargeant at Arms be and is hereby instructed to pro- 
vide for the use of the members of the House Two hundred copies of the 
Dailey Tribune provided that the proceedings of the General Assembly be 
published therein 

Notice having been communicated to the House of the resignation of 
Loring Farnsworth as assistant Door Keeper on motion of Mr. Curtis that 
the resignation be received and that an Election be had to supply the vacancy 
which resulted as follows 

A. W. Moore had 20 votes 
Mr. Cleveland " 2 " 
George Earl " 4 " 
Mr Scales " 4 " 

Mr. Haven " 1 " 
A. W. Moore having received a majority of all the votes given was de- 
clared duly elected who took the oath of office and entered upon the dis- 
charge of his duties 

The committee appointed to wait upon the Governor reported that they 
had performed that duty and that his Excellency would be pleased to com- 
municate with the House in a short time 

Moved by Mr Tuton that a committee of two be appointed to act in 
conjunction with a committee of the Senate to prepare rules and regula- 
tions for the Government of both Branches of the General Assembly 

Mr. Blood proposed to amend by inserting three instead of two, amend- 
ment accepted and the motion prevailed 

The Speaker appointed Mess Blood and Dickey and Tuton as said com- 
mittee 

On motion of Mr. Tuton 

Resolved. That the Executive Committee of Kansas Territory be in- 
vited to seats within the bar 

MESSAGE FROM THE GOVERNOR 

The Private Secretary of the Governor presented the Governor's mes- 
sage which on motion of Mr. McClure was read and 10,000 copies be printed 
for the use of the members of this House 



—12 



178 Kansas State Historical Society. 

Fellow Citizens of the Senate and House of Representatives 

Having been chosen by the people to occupy the Executive Chair of the 
new State of Kansas it becomes my duty under the Constitution to an- 
nounce to the General Assembly the condition of the affairs of the State and 
reccommend such measures as I shall deem expedient for their action While 
gratitude to the people for the confidence their suffrages evince and for 
the honor bestowed will induce me to enlist all my energies in their service 
inexperience in public life and a lack of ability and information will cause 
me to speak with diffidence upon the various subjects to which your at- 
tention will be invited 

The organization of a new government is always attended with more or 
less difficulty and should under the most favourable circumstances enlist 
the learning judgment and prudence of the wisest men in all its depart- 
ments the most skillful workmanship is requisite that each part of the 
complicated machinery may be adapted to its fellow and that a harmonious 
whole without jar or blemish may be the result. 

In Kansas especially is this a most delicate and difficult task. Our 
citizens are from every State in the Union and from nearly every country 
on the Globe and their institutions religion education habits and tastes 
are as various as their origin 

Also in our midst are several independent nations and on our borders 
both west and east are outside invaders 

In our mutual endeavours to set in motion a State Government we have 
a common Chart for our guide the Constitution 

The duties of the General Assembly as designated by this instrument are: 

To provide for the encouragement of education and religion 

The registration of Electors to provide for the returns of Elections 

For the Election of officers 

For the filling of vacancies 

For the number of Senators and Representatives 

For apportionment 

Against Special Legislation 

For publication of laws 

For taking the census 

For salaries of officers 

For Surveyor General, State Geologist and Superintendant of Common 
Schools 

For Judicial districts and jurisdiction of Courts 

For publication of decisions of Supreme Court 

For Duties of Clerk and Reporter of Supreme Court 

For School Fund University Normal Schools &c 

For State Asylums for Blind Deaf, Dumb Insane Idiots and the Poor 

For House of Refuge for juvenile offenders 

For State General Hospital 

For Seat of Government and State House 

For Militia 

For Finance and Taxation 

For Counties County City and Town officers 

For Commissioners to arrange rules of practice in the courts of record 

For Bureau of Statistics and encouragement of Agriculture 

To Secure the Separate property and custody of children to wife 

For Election of two United States Senators 

For Banks and Banking 

For redemption of certificates of indebtedness and for enforcement of 
6th section of bill of rights 

Also the people by a separate and direct vote have instructed the assembly 
to provide for the exclusion of free negroes 

Education of the People the common people is the Palladium of our 
liberties Without this free institutions cannot exist with it Tyranny and 
oppression must disappear A thorough and efficient system of education 
is a better and cheaper corrective and preventive of poverty degradation 
and crime than the poor house, house of refuge or penitentiary This sub- 
ject will not fail to receive its full share of your attention 



The Topeka Movement. 179 

That the common School may be put on a permanent basis the proceeds 
of the School lands or other educational income should be carefully husbanded 
till a fund shall accumulate amply sufficient to give to every child in the 
State a liberal common School education 

Second only to the Common School are the University and Normal 
Schools 

For these also the Constitution suggests that you provide at an early day 

Of the public Charitable Institutions named in the Constitution a General 
State Hospital calls most urgently for consideration 

In a new country many must necessarily suffer from sickness and poverty 
and in the present unsettled condition of the People it is eminently proper 
that the State should provide for their relief 

The subject of finances and taxation is one of primary importance in 
Every State and particularly in a new one 

Onerous taxes and large indebtedness should be guarded against as far 
as possible and economy without niggardly parsimony should be the rule 
of action For the present state of the finances you are referred to the report 
of the Territorial Executive Committee 

Exposed as our citizens are to the Scalping knife of the Savage on the 
west, and to the revolver and hatchet of the assassin on the east a thorough 
and early organization of the militia is urgently called for 

By the constitution this duty devolves upon the General Assembly. 
Measures should at once be taken to encourage the organization of volunteer 
companies and to procure the arms to which the State is entitled 

The disposition of the public lands is a matter for consideration Under 
existing laws they belong to the General Government and are used as a 
source of revenue The policy of such a use is at least questionable The 
amount received into the Treasury from the sale of public lands is incon- 
siderable amounting in the aggregate to about $2,000,000 annually 

This sum distributed among the States where the lands are situated 
would aid Essentially the cause of education or the establishment of Charit- 
able institutions but it is entirely unnecessary in the already overflowing 
Treasury of the General Government Even as a matter of revenue the 
public Treasury gains nothing by selling the Public domain to the people 
for the principle revenue is derived from the products of the soil and these 
will be increased as the number of land holders increase and in proportion 
to the capital invested in its cultivation The $1.25 pr acre laid out on the 
land will produce far more revenue to the Government in a few years than 
if deposited in the Treasury The true policy for any government is to 
give to every citizen who will cultivate it a farm without price and secure 
it to him for a permanent homestead Especially should the citizen who 
deprives himself of the blessings of home and civilization for a time to 
reclaim the wilderness that it may be added to the commonwealth be al- 
lowed his land gratis 

But if the land must be sold and the proceeds applied to defray Expenses 
of government the State should be the recipient and not the General Govern- 
ment Every new state must incur extraordinary expenses in setting its 
government in motion 

It has its public Edifices State House Asylums Penitentiary Universities 
School Houses, Railroads &c to construct and limited means at command 
Should Congress in its widom as we have reason to believe that it will — 
donate all the public lands of Kansas to the State it will then be the duty 
of the assembly to dispose of them 

In such an event by donating 160 acres as a homestead to each resident 
of five years and allowing no one person to purchase of the State more than 
160 acres additional the state would become rapidly settled and at the same 
time secure a fund for Educational and other purposes Equal to its necessities 

The indiscriminate sale of intoxicating drinks in a State like Kansas 
where are numerous Indian tribes is productive of much mischief 

Some tribes within our borders are still uncivilized and indulge their 
appetites without restraint while many of other tribes are Equally un- 
fortunate It is a duty we owe to the Indian that we not only cultivate 



180 



Kansas State Historical Society. 



the most friendly intercourse but that we protect him from injury and this 
subject should not be overlooked by the General Assembly 

The use of intoxicating drinks as a beverage impairs the health, morals, 
good order, and prosperity of any community and the traffic in them is an 
unmitigated evil and it is for the Legislature in its wisdom to adopt such 
measures as shall best secure the public welfare 

It will be remembered that a skeleton of a government still exists in 
our midst under a Territorial form and although this was but the fore- 
shadowing of a new and better covenant collision with it should be carefully 
guarded against A Territorial government is transient in its nature only 
awaiting the action of the People to form a government of their own This 
action has been taken by the People of Kansas and it only remains for the 
General Government to suspend its Territorial appropriations recal its 
officers and admit Kansas into the Union as a Sovereign State 

The reasons why the Territorial governments should be suspended and 
Kansas admitted into the union as a State are various In the first place 
it is not a government of the people The Executive and judicial officers 
are imposed upon the people by a distant power and the officers thus imposed 
are foreign to our soil and are accountable not to the people but to an Exec- 
utive 2,000 miles distant American citizens have for a long time been 
accustomed to govern themselves and to have a voice in the choice of their 
officers but in a territorial government they not only have no voice in choos- 
ing some of their officers but are deprived of a vote for the officer who ap- 
points them Again governments are instituted for the good and protection 
of the governed, but Territorial government of Kansas has been and is an 
instrument of oppression and tyranny unequalled in the history of our 
Republic The only officers that attempted to administer the laws im- 
partially have been removed and persons substituted who have aided in 
our subjugation. Such has been the conduct of the officers and the people 
of a neighboring state either intentionally or otherwise that Kansas today 
is without a single law enacted by the people of the Territory Not a man 
in the country will attempt to deny that Every election held under the 
Territorial government was carried by armed invaders from an adjoining 
State for the purpose of enacting laws in opposition to the Known wishes 
of the People 

The Territorial government should be withdrawn because it is inoperative 
The officers of the law permit all manner of outrages and crime to be per- 
petrated by the invaders and their friends with impunity while the citizens 
proper are naturally law abiding and order loving disposed rather to suffer 
than do wrong Several of the most aggravated murders on record have 
been committed but so long as the murderers are on the side of the oppressers 
no notice is taken of them Not one of the whole number has been brought 
to justice and not one will be by the Territorial officers While the marauders 
are thus in open violation of all law nine tenths of the people scorn to recog- 
nize as law the Enactments of a foreign body of men, and would sooner lose 
their right arm than bring an action into one of their misnamed Courts 

Americans can suffer death but not dishonor and sooner than the people 
will consent to recognize the edicts of lawless invaders as laws their blood 
will mingle with the waters of the Kansas and this Union be rolled together 
in civil strife Not only is the Territorial government the instrument of 
oppression and subjugation of the People but under it there is no hope of 
relief The organic act permits the Legislature to prescribe the qualifications 
of voters and the so called Legislature has provided that no man shall vote 
in any Election who will not bow the knee to the dark image of Slavery 
and appointed officers for the term of four years to see that this provision 
is carried out Thus nine tenths of the citizens are disfranchised and de- 
barred from acting under the Territorial government if they would 

Even if allowed to vote the Chief Executive of the country says he has 
no power to protect the ballot box from invaders and if the people organize 
to protect themselves his appointees intimate that they must be disarmed 
and put down hence whether allowed to vote or not, there is no oppor- 
tunity for the people of the Territory to rule under the present Territorial 
government Indeed the laws are so made and construed that the citizens 



The Topeka Movement. 



181 



of a neighboring state are legal voters in Kansas and of course no United 
States force can be brought against them 

They are by law entitled to invade us and control our Elections 

According to the organic act the People have have a right to elect a 
Legislature and that Legislature has a right to make laws, establish courts, 
and do every thing but choose their executive and Supreme Judicial officers 
If they have the right to do the one they undoubtedly should have to do the 
other The principle of "Squatter Sovereignty" upon which this act is 
said to be based knows no distinction between the power to legislate and the 
power to adjudicate or execute If the right of one department of the Govern- 
ment is inherent in the People so is the other On this subject there is high 
authority General Cass in the Senate said "The Government of the United 
States is one of limited authority vested with no powers not expressly granted 
or not necessary to the proper execution of such as are" 

"There is no provision in the Constitution granting any powers of legisla- 
tion over the Territory or other property of the United States Except such 
as relates to its regulation and disposition Political jurisdiction is entirely 
withheld nor is there any just implication which can supply this defect of 
original authority" 

Again he says "I shall vote for the entire interdiction of all Federal action 
over this general question (Slavery) under any circumstances that may 
occur" But the Executive and the Judiciary of Kansas are creatures of the 
Federal Government and under its control and the Governor has a nega- 
tive legislative power equal to two thirds of both branches of the Legislature 
leaving to the people only one third of one of the three departments of gov- 
ernment and to the General Government all of two departments and two 
thirds of the other 

Also he says "Leave to the people who will be affected by this question 
(Slavery) to adjust it upon their own responsibility and in their own manner 
and we shall render another tribute to the original principles of our govern- 
ment, and furnish another guaranty for its permanency and prosperity" 

But how can this or any other question be adjusted by the people while 
ruled by a foreign Executive and judiciary? 

Mr. Douglass says "I have always held the people have a right to settle 
their questions as they choose" not only when they come into the union as a 
state but that they should be permitted to do so while a Territory" If the 
people have this right then the Federal Government has no right to inter- 
fere with it, and the people of Kansas have a right to demand that the present 
Territorial Government of Kansas be withdrawn and that they be allowed 
to choose all their officers 

Mr. Henn of Iowa in Congress said "I would that Congress would recog- 
nize the doctrine of 'Squatter Sovereignty' in its length and breadth that 
the citizen wherever he may settle if on American soil shall have all the rights 
and privileges of citizenship and be consulted by Executives as well as rep- 
resentatives this would be right this would be simple justice It is a doctrine 
that was broadly asserted and with firmness maintained by the Father of 
our Republic" 

In the Organic act of the Territory Sec. 14, is the following "It being the 
true intent and meaning of this act not to legislate Slavery into any Ter- 
ritory or State nor to exclude it therefrom but to leave the people thereof 
perfectly free to form and regulate their domestic institutions in their own 
way, subject only to the Constitution of the United States" But how can 
this intent be carried out with an Executive and Judiciary and two thirds 
of Legislature in opposition to the will of the people and with an overwhelm- 
ing invasion at every Election by permission of these officers 

In the President's annual message to Congress for the current year he 
says 

"In the Counsels of Congress there was manifested extreme antagonism 
of opinion and action between some representatives who sought by the 
abusive and unconstitutional Employment of the Legislative powers of the 
Government to interfere in the condition of inchoate states, and to impose 
their own social theories upon the latter and other representatives who re- 



182 



Kansas State Historical Society. 



pelled the interposition of the General Government in this respect and main- 
tained the self constituted rights of the States In truth the thing attempted 
was in form alone action of the General Government while in reality it was 
the endeavor by abuse of legislative power to force the ideas of internal 
policy entertained in particular States upon allied independent States. 
Once more the Constitution and the Union triumphed signally The new 
Territories were organized without restrictions on the disputed points and 
were thus left to judge in that particular for themselves" 

If it would have been "abuse of Legislative power" for Congress to "force 
the ideas of internal policy entertained by particular States upon Kansas, 
by what reason does he justify the Executive in the exercise of that power? 
That the officials of his appointment are today endeavoring to do this very 
thing against the sentiment of a large majority of the people cannot admit 
of a doubt 

Again he says "The measure of its repeal (Missouri Compromise) was the 
final consumation and complete recognition of the principle that no portion 
of the United States shall undertake through assumption of the powers of 
the General Government to dictate the social institutions of any other 
portion" 

The people of Kansas have reason to feel that the "complete recognition" 
of the principle unless carried into practice is of no avail to them and that 
the recognition of this principle by Congress while the opposite is acted 
upon by the executive would be simple mockery 

Once more "If the friends of the Constitution are to have another struggle 
its enemies could not present a more acceptable issue than that of a State 
whose Constitution clearly embraces a republican form of government being 
Excluded from the union because its domestic institutions may not in all 
respects comport with the ideas of what is wise and Expedient entertained 
in some other state If a new State formed from the Territory of the United 
States be absolutely Excluded from admission therein that fact of itself 
constitutes the disruption of union between it and the other states But the 
process of dissolution could not stop there Would not a sectional decision 
producing such a result by a majority of votes Either northern or southern 
of necessity drive out the oppressed and aggrieved minority and place in 
presence of each other two irreconcilably hostile federations?" 

Thus it will be seen by the highest Democratic authority in the country 
that the people of Kansas have a right to demand the removal of the present 
oppressive Territorial government and also that they be admitted into the 
Union as an equal independent State 

Knowing that one great party in Congress with the President at its head 
was in principle committed to our defence and believing that many from 
the other parties would if not from principle as an act of justice be induced 
to look upon us with favor we had a right to anticipate a speedy termination 
of our present thralldom 

However owing to an apparent misunderstanding of the Constitutional 
movement in Kansas the President intimates in a special message that Con- 
gress must interfere and undo what with great care and expense they have 
so well done 

This message as it refers exclusively to Kansas should receive some at- 
tention from the General Assembly Kansas men — "Squatter Sovereignty" 
men — cannot fail to be somewhat surprised at its purport It is somewhat 
beligerent in its tone threatening to bring against the people of Kansas the 
army and navy of the United States and should this force be inadequate to 
the task the militia of the several states is to be brought into requisition to 
compel the people to submit to what they do not recognize as laws and to 
laws according to his own showing the people of Missouri with the aid of the 
Executive which he appointed, enacted But it is to be hoped that by the 
time his forces are raised and marched into the Territory he will find like his 
Excellency Governor Shannon that the people are not so deserving of an- 
nihilation as he had supposed 

The President gives the details of the invasions of Kansas and the Gov- 
ernor's connection therewith and does not deny that the so called Territorial 
Legislature was Elected by the People of Missouri but because the Governor 



The Topeka Movement. 183 

his appointee Chose to grant certificates of Election to a majority of persons 
Elected by the people of a neighboring state therefore the laws of that body 
are binding upon the people. To strengthen his argument he might have 
accused the Governor of still further complicity with the invaders and have 
said that although this territory is hundreds of miles in Extent and the people 
were politically unorganized yet he gave them but four days in which to con- 
test the Election and would not Extend the time one hour for it is said that a 
protest arrived at one o'clock on the morning of the fifth day which had it 
been regarded would have changed five seats in the Legislature but it was 
too late by one hour and could not be received 

The argument of the President may be good against any objection to the 
acts of the Legislature on his part as in the first place he refused to protect 
the ballot box from fraud and in the second place so far as lay in his power 
his appointee legalized it but is it good against the people 

The organic act provides for a legislature to be elected from and by the 
voters, and a voter is to be "an actual resident of said Territory" and if any 
other set of men Either with or without the sanction of the Executive claim 
to be the Legislature, are the people bound to regard them as such? Also 
this act says "it is the true intent and meaning of this act to leave the people 
of the Territory perfectly free to form and regulate their domestic institutions 
in their own way subject only to the Constitution of the United States" not 
subject to the People of Missouri or the Executive or both of them together 
How can true intent of the law be carried out by a Legislature Elected as 
was that on the 30th of March last? Yet that Legislature Elected from and 
by the People of a neighboring state have assumed to pass laws for the People 
of Kansas and also to "legislate Slavery into the Territory" which Congress 
itself professed not to have the right to do and these are the so called laws 
that the President says must be Enforced Even though it require all the army 
and navy of the United States and the militia of the several states undoubt- 
edly one half of this force will be all sufficient to Enable him to Enforce any 
process or to chop shoot and hang all the inhabitants but all the armies and 
navies in the world could not make the people believe he had a right to do it 
or that the enactments of that Border legislature were binding upon the 
People of Kansas 

If "Squatter Sovereignity means simply that Congress has no right to 
interfere with the affairs of a Territory but that the Executive and the 
People of another state have, then most certainly that doctrine will be very 
unpopular in Kansas 

Other reasons might be given to show that no legal legislature had ever 
passed laws in Kansas besides the above or the removal of the sittings from 
Pawnee to the Shawnee Mission which is on the Shawnee reserve as it is un- 
derstood and can consequently " constitute no part of the territory of Kansas" 
The organic act provides that "the persons having the highest number of 
legal votes in each district for members of council (or House of Representa- 
tives) shall be declared by the Governor to be duly Elected" From his 
decision there is no appeal according to the act, yet nine persons declared to 
be duly Elected by the Governor were Ejected by the Legislature and others 
admitted But one person it is believed was duly Elected by the legal voters 
of the Territory and he resigned his seat regarding the whole body illegal 
His seat was filled without an Election and by the Legislature, hence prob- 
ably not one of the body could have received the suffrages of the legal voters 
in the districts they pretended to represent 

It is the Enactments of such a body of men that the army navy and 
militia of the country are to Enforce upon a people who were told they should 
be "free to form and regulate their domestic institutions in their own way" 
A body of men elected by a neighboring state who did not sit at the seat of 
government as required who did sit at the Shawnee Mission understood to 
form no part of the Territory of Kansas who turned out nine of its legally 
Elected members and received in their stead nine persons not legally Elected, 
who filled a vacancy by appointment and not by Election of the voters of 
the district &c to say nothing of the Draconiun character of the Enactments 

The President says: "the constitutional means of relieving the People 



% 

184 Kansas State Historical Society. 

of unjust administration and laws by a change of Public agents and by 
repeal are ample" 

This is usually the case and ought always to be so but the case of Kansas 
is an exception The administration of Kansas has its head at Washington 
and we do not have so much as a vote in favor of its continuance or removal 
while the repeal of any laws under present arrangement by the People is 
out of the question as the Legislature has disfranchised a large majority 
of them No man in favor of a change or repeal of certain laws can vote 
under our new order of things and consequently no peaceable way of establish- 
ing a government of the people is left but to form a State constitution and 
ask for admission into the Union This has been done but the President 
objects to our constitution and calls the movement for a State government 
revolutionary and intimates that the forces of the Union must if necessary 
be brought against it although he admits that it was not revolutionary for 
other territories to do precisely what we have done as "California Michigan 
and others" His reason is that the Constitution of Kansas was formed by a 
party and not by the whole People. What are the facts? A bill calling 
for a convention for the formation of a State constitution is said to have 
passed through one house of the mission Legislature and was defeated in 
the other only because they feared the result would be a free state 

In July and August a paper was circulated for the signatures of all such 
persons as were desirous of forming a State goverment and between one 
and two thousand persons signed it August 15th A general mass meeting 
of citizens irrespective of party was held at Lawrence pursuant to a published 
call signed "Many Citizens" to "take into consideration the propriety of 
calling a Territorial delegate convention preliminary to the formation of a 
State government and other subjects of public interest" At this meeting 
all parties participated and the following preamble and resolution were 
adopted with but one dissenting voice and that was an acknowledged dis- 
union abolitionist the only one of that party at the meeting 

"Whereas the People of Kansas Territory have been since its settle- 
ment and are now without any lawmaking power therefore be it Resolved. 
That we, the People of Kansas Territory in mass meeting assembled ir- 
respective of party distinctions influenced by a common necessity and 
greatly desirous of promoting the common good do hereby call upon and 
request all bona fide citizens of Kansas Territory of whatever political 
views or predilections to consult together in their respective Election districts 
and in mass convention or otherwise Elect three delegates for each Repre- 
sentative to which said district is Entitled in the House of Representatives 
of the Legislative Assembly by proclamation of Gov. Reeder of date 10th 
March 1855 Said Delegates to assemble in convention at the Town of 
Topeka on the 19th day of September 1855 then and there to consider and 
determine upon all subjects of public interests and particularly upon that 
having reference to the speedy formation of a State constitution with an 
intention of an immediate application to be admitted as a State into the 
Union of the United States of America" 

This was the first public action taken by the people in their sovereign 
capacity upon this subject and all parties and sects participated The next 
action was at a party convention held at Big Springs on the 5th and 6th of 
September A committee on State organization was appointed and made the 
following report 

"Your committee after considering the propriety of taking preliminary 
steps to framing a constitution and applying for admission as a State into 
the Union beg leave to report that under the present circumstances they 
deem the movement untimely and inexpedient" 

The following was offered as a substitute for the report: — - 

''Resolved That this convention in view of its recent repudiation of the 
acts of the so-called Kansas Legislative Assembly respond most heartily 
to the call made by the People's convention of the 15th ult. for a Delegate 
convention of the People of Kansas Territory to be held at Topeka on the 
19th instant to consider the propriety of the formation of a State Consti- 
tution and such other matters as may legitimately come before it" 



The Topeka Movement. 185 
This substitute was agreed to 

Thus it appears that this party convention simply approved of the 
Citizens convention at Lawrence and let the matter rest A Delegate con- 
vention irrespective of party was held at Topeka September 19th agreeably 
to the call of the mass convention of the 15th of August and the following 
preamble and resolution were unanimously adopted 

"Whereas the Constitution of the United States guarantees to the 
People of this Republic the right of assembling together in a peaceble manner 
for their common good to "establish justice insure domestic tranquilliy 
provide for the common defense promote the general welfare and secure 
the blessings of liberty to themselves and their posterity" and whereas the 
citizens of Kansas Territory were prevented from electing members of a 
legislative assembly in pursuance of a proclamation of Gov. Reeder on the 
30th March last by invading forces from foreign States coming into the 
Territory and forcing upon the People a Legislature of non-residents and 
others mimical to the interests of the People of Kansas Territory defeating 
the object of the organic act in consequence of which the Territorial govern- 
ment became a perfect failure and the people were left without any legal 
government until their patience has become exhausted and 'Endurance 
Ceases to be a virtue' and they are compelled to resort to the only remedy 
left that of forming a government for themselves 

Therefore, Resolved by the People of Kansas Territory in Delegate Con- 
vention assembled That an Election shall be held in the several Election 
precincts of this Territory on the second Tuesday of October next under 
the regulations and restrictions hereinafter imposed for members of a con- 
vention to form a constitution adopt a bill of rights for the people of Kansas 
and take all needful measures for organizing a State government preparatory 
to the admission of Kansas into the Union as a State" 

At this Convention a Territorial Executive Committee was appointed 
and that Committee in accordance with the instructions of the convention 
issued a proclamation commencing as follows 

" To the legal voters of Kansas: — 

Whereas the Territorial government as now constituted for Kansas has 
proved a failure — Squatter Sovereignty" under its workings a miserable 
delusion in proof which it is only necessary to refer to our past history and 
our present deplorable condition — our ballot boxes have been taken pos- 
session of by bands of armed men from foreign States — our people forcibly 
driven therefrom — persons attempted to be foisted upon us as members of 
a so called Legislature unacquainted with our wants and hostile to our best 
interests — some of them never residents of our territory— misnamed laws 
passed and now attempted to be enforced by the aid of citizens of foreign 
States of the most oppressive tyrannical and insulting character — the right 
of suffrage taken from us — debarred from the privilege of a voice in the 
Election of even the most insignificate officers — the right of free speech 
stifled— the muzzling of the press attempted, and whereas longer forbearance 
with such oppression and tyranny has ceased to be a virtue and whereas 
the people of this country have heretofore Exercised the right of changing 
their form of government when it became oppressive and have at all times 
conceded this right to all the people in this and all other governments and 
whereas a Territorial form of government is unknown to the constitution 
and is the mere creature of necessity awaiting the action of the people and 
whereas the debasing character of the slavery which now involves us impels 
us to action and leaves us as the only legal and peaceful alternative the 
immediate establishment of a State government and whereas the organic 
act fails in pointing out the course to be adopted in an emergency like ours 
Therefore you are requested to meet at your several precincts in said Terri- 
tory hereinafter mentioned on the 2d Tuesday of October next it being the 
ninth day of said month and then and there cast your ballots for members 
of a convention to meet at Topeka on the 4th Tuesday in October next to 
form a constitution adopt a Bill of Rights for the people of Kansas and take 
all needful measures for organizing a State government preparatory to the 
admission of Kansas into the Union as a State" 



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Kansas State Historical Society. 



On the 4th Tuesday of October the Constitutional convention assembled 
at Topeka and drafted a Constitution which was submitted to the People 
on the 15th of December and by them approved by a very large majority — 
men of all parties voting 

Such in brief is the history of the Constitutional movement in Kansas 
and if this is a "party" movement it is difficult to see in what way a con- 
stitution can be framed and adopted not open to this charge If the People 
or any portion of them failed to participate it was their own fault and not 
the fault of those who were active Democrats Hards and Softs Whigs 
Hunkers and Liberals Republicans pro and anti-slavery men of all shades 
participated in the formation of a State Government and if it be a party 
movement at all it certainly cannot be a movement of one party alone 
In a republican government the majority has no power to compel the minor- 
ity to vote on any question neither has the minority a right to object to 
the action of the majority because they did not choose to act with them 

The President says "no principle of public law no practice or precedent 
under the Constitution of the United States no rule of reason right or com- 
mon sense confers any such powers as that now claimed by a mere party 
in the territory In fact what has been done is of revolutionary character 
It will become treasonable insurrection if it reach the length of organized 
resistance by force to the fundamental or any other federal law and to the 
authority of the general government" 

No principle of Public law? What is the principle of "Squatter Sovereign- 
ity" then? No precedent? What did Michigan California and other new 
States do? No rule of reason right or common sense? Is "popular Sovereign- 
ty unreasonable unjust and nonsensical? Suppose the party comprise an 
overwhelming majority of the people what then? 

James Christian Esq. a very honourable and highminded proslavery 
gentleman writes to a friend in Kentucky as follows "I believe I informed 
you before that I have been appointed Clerk of this (Douglass) County 
under the Territorial Legislature but we are in such a horrid state of con- 
fusion in regard to the laws that it dont pay anything The free soilers are 
in a large majority in the Territory and they are determined to pay no 
regard to the laws consequently they will not sue nor have any recording 
done so my office in only in name It is the same all over the territory" 

According to the President this "large majority" can have no rights 
because they happen to think alike on a certain subject or belong to the same 
"party" It was formerly of principle of democracy that the majority 
especially "large majorities" should rule but times must have changed 

If this "large majority" persist in setting in motion a state government 
it will be "treasonable" It was not so however in "Michigan California 
and other States" But the people of Kansas do not propose to reach the 
point of organized resistance by force to the fundamental or any other 
federal law and to the authority of the General Goverment" unless our 
state whose constitution clearly embraces a " Republican form of Government 
is Excluded from the Union because its domestic institutions may not in 
all respects comport with the ideas of what is wise and Expedient Enter- 
tained in some other state" If our State "be absolutely excluded from 
admission therein that fact of itself (may) constitutes the disruption of 
union between it and the other States but the process of dissolution could 
not stop there" and we should have the chief Executive on our side in such 
an Event But no [such] result is to be anticipated When the President 
fully understands our case he can do no less than withdraw his reccomenda- 
tions for an Enabling act to form another constitution and Congress will 
admit us without delay 

Also we have confidence that no attempt will be made by the federal 
authorities to Enforce the Enactments of a Foreign Legislature upon the 
people of Kansas Mr. Christian the proslavery clerk of Douglass County 
says the people of Missouri came into the territory on the 30th of March 
last "bearing with them their peculiar institutions — bowie knives pistols 
and whiskey — to the amount of five or six thousand carried the Election 
by storm and elected every proslavery candidate that was in the field by 
overwhelming majorities thus securing every member of the council and 



The Topeka Movement. 187 

House of Representatives in some instances driving from their seats the 
judges appointed by the Governor and placing judges from their own number 
in their stead who paid no regard to the instructions of the Executive &c 

It cannot be that the President after permitting the People of another 
State to take from the legal voters their constitutional and organic rights 
will add to the outrage by compelling the People of Kansas to submit to their 
authority and obey their enactments 

It is bad enough to be deprived of the right to make laws for ourselves 
but it is worse to be compelled to submit to the laws of those who deprive 
us of that right Although there has been and there will be no organized 
resistance to the Enactments of the self styled Territorial Legislature yet 
nine men out of every ten spurn it with contempt as a gross outrage upon 
American citizens and it is highly proper for the General Assembly to 
memorialize Congress upon this subject as well as with reference to the ad- 
mission of the State into the Union 

The President apologizes for the frequent invasions of Kansas on the 
ground that some northern people talked about the repeal of the Missouri 
Compromise and subjects connected with the Extension of negro bondage 
and because an Emigrant Aid Association had been formed 

The people of this country have been in the habit of talking about the 
affairs of Government ever since the May Flower discharged her cargo on 
Plymouth Rock but this is the first time that it has been considered an 
apology for an invasion of a distant State or territory If the People of Kansas 
were accountable for the loquacity of the north or the silence of the south 
the case might be different Emigrant Aid Associations are nothing new in 
the United States When California was first opened to settlement the same 
kind of Associations was formed with only this difference — in one case each 
party had an agent of its own for the purpose of procuring tickets arranging 
details &c while in the other all the parties have a common agent There 
is however connected with the aid society for Kansas Emigrants a Stock 
company for the purpose of erecting mills hotels &c in the new country but 
the agents of this society will purchase tickets for a slaveholder as soon as 
for a free state man and the investments are for the benefit of all settlers 
alike No questions are asked and no distinctions made Had the President 
visited western Missouri before any aid society had been formed at the east 
he might have found a secret oath bound association pledged to make of 
Kansas a Slave state peaceably if they could forcibly if they must This 
Society has been in active operation since its inception and now threaten to 
deluge Kansas with the blood of American citizens for the crime of preferring 
a free to a Slave state Also it is only necessary to read a few southern 
journals to see accounts in different parts of the South not of Emigrant 
Aid Societies but of Emigrant buying or hiring Societies which do not simply 
procure tickets for the Emigrant at cost irrespective of party or condition 
but which pay the fare and expenses of the right kind of Emigrants and 
support them in Kansas one year more or less However it may be the 
"King can do no wrong" although it may be wrong for common people 
to do as the King does 

The people of Kansas will not object to Aid Societies whether north or 
south so long as they treat all parties alike Immigrants from all parts of 
the country are received with a hearty welcome and the investment of 
capital whether eastern or western northern or southern is greatly needed 
The settlers of Kansas have suffered some losses and injury from repeated 
invasions from a neighbouring state and it is highly proper that congress be 
memorialized upon this subject expecially should the general government 
repair the injury it has inflicted All the invasions have been permitted by 
the officers of the government without any opposition while at least one 
was invited by them It is the duty of the federal government to protect 
infant territories in their rights but Kansas has not only not been protected 
but it has been actually oppressed by those whose duty it was to defend it 

It is unjust to any community to send among them officers with govern- 
ment patronage whose political sentiments are opposed to the sentiments of 
the people particularly when those officers mount the stump and shoulder 
the rifle for the purpose of crushing out all who differ from them Some of 



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Kansas State Historical Society. 



the federal officers of Kansas are charged with undignified conduct and one 
of them at least with high crimes and it is the duty of the Legislature to 
memorialize the President that our citizens may be protected in their lives 
and inalienable rights and from unwarrantable interference of officials in 
the management of their internal affairs It is manifestly improper for the 
federal officers to dictate into or out of Kansas an institution over which 
Congress professed to have no authority ir 

It is understood that the deputy marshall has private instructions to 
arrest the members of the Legislature and the state officers for treason as 
soon as this address is received by you In such an event of course no 
resistance will be offered to the officer Men who are ready to defend their 
own and their country's honour with their lives can never object to a legal 
investigation into their actions nor to suffer any punishment their conduct 
may merit 

We should be unworthy of the constituency we represent did we shrink 
even from martyrdom on the scaffold or at the stake should duty require it 
Should the blood of Collins and Dow of Barber and Brown be insufficient 
to quench the thirst of the President and his accomplices in the hollow 
mockery of "Squatter Sovereignty" they are practicing upon the people of 
Kansas then more victims must be furnished But let what will come not 
a finger should be raised against the federal authorities until there shall be 
no hope of relief but in revolution The task imposed upon us is a difficult 
one but with mutual cooperation and a firm reliance upon His wisdom who 
makes the "wrath of man praise him" we may hope to inaugurate a govern- 
ment that shall not be unworthy of the country and age in which we live 

Topeka March 4th 1856 

signed C. Robinson 

Mr moved the House now adjourn motion lost 

On motion of Mr. Dickey Resolved that 800 additional copies of the 
Daily Tribune be furnished for the use of the members Mr. Blood moved 
to amend by inserting 300 instead of 800. Mr. Tuton moved further to 
amend by substituting 50 instead of 300 The question being on the amend- 
ment to the amendment the motion was lost The amendment proposed by 
Mr. Blood prevailed and the motion as amended was carried 

Mr. Tuton offered the following preamble and resolution 

Whereas the Constitution of our state is yet in the hands of the Execu- 
tive Committee and whereas we deem it highly important that it should 
at once be placed in the hands of both the Senate and the House of Repre- 
sentatives now assembled at Washington City in order to ask an immediate 
admission into this Union, as one of the States of this Confederacy there- 
fore Resolved The Secretary of the Executive Committee be required to 
place the original copy in the hands of the Executive Department to be 
forwarded by them to Washington immediately — ■ 

during the pendency of which motion the house adjourned until 2 o'clock 
P. M. J. K. Goodin Ch'f Clk H. Rep. 

2. O'clock P. M. 

The House met pursuant to adjournment A call of the House was had 
when 32 members responded to their names 

The resolution of Mr. Tuton being the first business in order — on motion 
of Mr. Mewhinney it was laid upon the table 

A memorial from J. Beyer Esq contesting the seat of Adam Fisher was 
presented and on motion of Mr. Tuton was accepted and a committee 
of five was appointed to inquire into the facts relating to the contest together 
with the claims of the contestant and report the same to the House said 
committee having power granted them to call for persons and papers The 



The Topeka Movement. 189 

chair appointed Mess Zimmerman McClure Dickey Curtiss and Mewhinney 
the committee 

On motion the vote to lay upon the table and order to be printed the 
report of the committee on rules and regulations was reconsidered 

The report of the committee on rules and regulations for the government 
of the House which was laid on the table and ordered to be printed on motion 
of Mr. Tuton was taken up when the report was read by sections and adopted 
with a single amendment 

Mr. Crosby moved that 200 copies of the report be printed for the use of 
the House motion lost 

Mr. Addis moved that 100 copies of the report be printed for the use of the 
House motion carried 

Mr. Dickey on leave presented the following memorial 

Gentlemen of the House of Representatives Will it comport with your 
arrangments to grant us the use of your hall this (Wednesday) evening for a 
temperance meeting at the request of 

Many Citizens 

On motion of Mr. Addis the request was granted 
On motion of Mr. Sparks 

Resolved That the members of this House have heard with deep concern 
of the butchery of the Hon. R. P. Brown a member elect of this body 

Resolved that we sympathise with the relatives of the deceased in their 
great breavement 

Resolved that a copy of the resolutions be transmitted to the widow and 
relatives of the deceased 

Resolutions adopted Mr Dickey of Topeka then presented the following 
resolution which was adopted 

Whereas it has pleased Almighty God in the wise dispensation of his 
Providence to remove from among us Major M. M. Robinson member 
elect of this House from the 3d district 

Therefore Resolved That we learn with deep regret of the death of Major 
Robinson and that we earnestly sympathize with the citizens of the 3d 
district particularly and of the State generally in the decease of this member 
of their choice 

Resolved that we hereby tender to the family and friends of the deceased 
our unfeigned condolence in this their sad bereavement 

Resolved that as further testimony of respect to the memory of Brown 
and Robinson this House do now adjourn until tomoirow morning at 10 
o'clock 

Resolved that a copy of these resolutions be forwarded to the family and 
friends of the deceased 

The House then adjourned until Thursday 10 o'clock A. m. 

J. K. Goodin Ch'f Cl'k H. Rep. 

House of Representatives 
10 o'clock March 6, 1856 
House met pursuant to adjournment and was called to order the Speaker 
in the Chair 

Prayer by the Chaplain 

Roll called — thirty nine members answered to their names 

Mess. John Hutchinson of the first district and Abraham Barry of the 

Seventh Senatorial districts appeared took the oath of office and entered upon 

the discharge of their duties 



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Kansas State Historical Society. 



Journal of yesterday read amended and approved 

On motion of Mr. Walker the vote upon the passage of the resolutions 
relative to the decease of Hon R. P. Brown was reconsidered 

On motion of Mr. Brown a committee of three were appointed to draft 
Resolutions expressive of the sense of this body on the death of Hon R. P. 
Brown The Chair appointed Mess Hutchinson Brown and Dickey and 
upon the motion of Mr. Hornsby the resolutions were referred to the special 
committee 

Mr. Walker offered the following Resolution and Preamble 

Whereas Thomas Barber one of our most excellent and unoffending 
citizens has been most brutally murdered in cold blood and whereas the 
murderer is believed on good evidence to be an accredited agent and appointee 
of the President of the United States is as yet unapprehended by the Terri- 
torial authorities and is retained in office under the General Government 

Therefore Resolved that we tender to the widow and friends of i ur murdered 
fellow citizen our sincere sympathy 

Resolved that the President by continuing in office the murderer of the 
lamented Barber is tacitly endorsing the criminal and the blood of our 
brother and friend cries from the ground against all such 

On motion of Mr. Abbott the resolutions were referred to the select 
committee appointed on the resolutions relative to the decease of Hon. R. 
P. Brown 

On motion of Mr. Addis an addition of two persons was made to the 
committee The Chair appointed Mess Walker and Tuton 
On motion of Mr. Hutchinson 

Resolved that a committee of three from the House be appointed to act in 
conjunction with a similar committee from the Senate to draw up and report 
to this House a memorial to Congress containing the grievances of the 
People of Kansas and an application for the immediate admission of Kansas 
as a Sovereign State 

The Speaker announced the following standing committees 
Ways and Means Mess Dickey Cody Bayliss Addis & Crosby 
Claims Mess Jameison Hornsby Piatt Mewhinney & Shores 
Judiciary Mess Hutchinson Barry Curtiss Frost and McClure 
Agriculture and Manufactures Mess. Tuton, Sparks Reese Williams 
and Pattie 

Apportionment Mess Toothman Arthur Wade Hartwell & Hornby 
Corporations and banking Mess Blood Cannon Landis Staniford & 
Zimmerman 

Elections Mess Zimmerman Purdam Saunders Simmerwell and Abbott 
Public Institutions Todd Tabor Mewhinney Hicks and Marshall 
Vic and Immorality Mess Brown Landers Jones McGhee and Wetson 
Finanace and Taxation Mess McClure Bowen Brock Stephens and 
Walker 

Accounts Mess Curtiss Adams Barnett Orr and Cody 
Printing Mess Frost Reese Wetson Stephens and Hornsby 
State Lands Mess Addis Blood Campbell Ferby and Jameson 
New Counties and County Lines Mess Hicks Orr Wade Purdam and 
Mewhinney 

Public Roads Mess Jameson Baldwin McGhee Hartwell and Fisher 
Militia Mess Saunders Dickey Abbott Walker and Sparks 



The Topeka Movement. 



191 



Internal Improvements Mess Edsall Martin Weston Zimmerman & 
Hornsby 

Education Hornsby Hartwell Higgins Frost and Crosby 

On motion of Mr. Crosby the following Resolution was offered. 

Resolved That 500 copies in pamphlet form of the Declaration of Inde- 
pendence — the Constitution of the United States The Constitution of 
Kansas — The Governors messages and the Joint rules of the Senate and 
House of Representatives and the rules of each 

Resolution was referred to the Committee on Printing Mr. Addis moved 
to strike out the words "Governor's messages" Mr. Stephens moved to 
lay the resolution upon the table motion lost. 

Mr. Hornsby moved a reference of the resolution to the committee on 
Printing which motion prevailed The committee on contested seats reported 
progress and asked leave to sit again Leave was granted 

Mr. Hutchinson offered the following resolution 

Resolved That all laws passed by this house shall take effect immediately 
upon the admission of Kansas into the Union as a "Sovereign State" and 
no act shall become a law until such time unless where a special act of the 
House and Senate at a subsequent session of the Legislature makes it a law. 

On motion the resolution was laid upon the table 

A special message from the Governor was announced by his Private 
Secretary 

SPECIAL MESSAGE FROM THE GOVERNOR 

Executive Office March 6, 1856 
To the Senate and House of Representatives of the State of Kansas 

Gentlemen As there appears to be a difference of opinion in regard to 
right of lawmaking by the General Assembly and also in regard to the con- 
struction to be put upon my communication upon this subject to your 
honourable bodies on the 4th inst it is proper for me to State that the message 
of the 4th was intended to reccommend no course to be taken in opposition 
to the General Government or to the Territorial Government while it shall 
remain with the sanction of Congress Collision with either is to be avoided 

That the People of a Territory have a right to peaceably assemble and 
memorialize congress or the President and to adopt a constitution and 
organize a State Government and appoint such official agents and such 
other acts as are indispensible to the action of a State Especially to its 
action as a member of the Union prior to its admission there is no doubt 
provided the proceedings are in strict subordination to the existing Federal 
Government and in subserviency to the Powers of Congress To this extent 
a people may go in conformity to law and for this there can be no penalty 

(signed) C. Robinson 

On motion of Mr. Hutchinson the message was laid upon the table and 
it was moved that 5,000 copies of the same be printed 

Mr. Curtiss offered the following amendment that 5,000 be striken out 
and 1,000 inserted in its place Amendment was adopted 

The resolution as amended was adopted 

Mr. Orr moved a reconsideration of the vote laying the resolution of Mr. 
Hutchinson upon the Table Mr. Zimmerman raised a point of order "That 
the mover for reconsideration was not competent to make the motion on 
account of his former vote upon the passage of the resolution" 

The Chair decided the point of order well taken 

Mr. Addis moved a reconsideration of the vote taken upon the resolution 



192 



Kansas State Historical Society. 



during the pendency of which a motion for a recess until 2 o'clock P. M. 
was made and decided by the Chair to be lost A division being called for 
a rising vote was taken and the motion was carried 
The House than took a recess. 

2 o'clock P. M. 

House met Speaker in the chair 

Roll called a quorum answered to their names. The motion of Mr. 
Addis to reconsider the vote upon Mr. Hutchinson's resolution being the 
first business in order it was reconsidered. 

The Committee appointed to memorialize Congress was announced by 
the chair Mess Hutchinson Brown & Blood 

On motion of Mr. McClure the following resolution was offered 

Resolved by the Senate and House of Representatives of the State of 
Kansas that the Laws enacted by the present Legislature shall not have 
effect until an act be passed by the present or some future Legislature 
declaring them valid 

Mr. Williams proposed to amend by striking out valid and inserting 
"in force" carried 

Mr. Blood proposed to add the words "except by special provision" 
which amendment was carried 

The rules for 2d and 3d readings being suspended, the resolution as 
amended then passed by the following vote 

Yeas, Mess. Abbott Blood Bowen Barry Curtiss Crosby Edsaul Hartwell 
Hutchinson Hornsby Hicks Jameson Mewhinney McClure McGhee Purdam 
Saunders Simmerwell Shores Stephens Sparks Tabor Toothman Todd Wil- 
liams Zimmerman Yeas 26 

Nays Mr. Brown 1. 

Resolution offered by Mr. Curtiss 

Resolved That the Executive Committee of Kansas Territory be and is 
hereby instructed to issue certificates of indebtedness in the usual form to 
pay the expenses of the General Assembly including the mileage and per 
diem of members Clerks and other officers as also one quarter's salary to 
the State officers when those salaries shall be fixed by law 

Mr. Blood moved to lay the resolution upon the table-motion Lost On 
motion of the same gentleman the consideration of the resolution was post- 
poned until Monday next 

On motion of Mr. Tuton addition of two was made to the committee on 
memorials The chair appointed Mess McClure and Curtiss The Clerk upon 
motion of Mr. Hartwell was instructed to communicate to the Senate the 
joint resolution on memorials requesting their concurrence therewith 

On motion of Mr. McClure the Clerk was also instructed to inform the 
Senate of the passage of the joint resolution relative to the enforcement of 
the Laws asking their concurrence therein 

Mr. Tuton made a motion that a committee of 3 be appointed to confer 
with a similar committee from the Senate to prepare a memorial to the 
Senate of the United States motion lost 

Mr. Tuton moved that a committee of 5 be appointed to act in conjunc- 
tion with a similar committee of the Senate to draft a memorial to the Presi- 
dent of the United States setting forth our position and all the facts connected 



The T 'op eka Movement. 



193 



therewith — chair appointed Mess Tuton Hutchinson Toothman Todd & 
Dickey 

On motion of Mr. Hartwell 

Resolved That a select committee of three members be appointed by the 
House to confer with a similar committee of the Senate to bring in the names 
of 6 persons from whom 3 shall be selected to act as commissioners to revise 
and simplify the practice of law pursuant to the first section of art 13 of the 
Constitution and report their names to a convention of the House and Senate 
as soon as may be 

The House at the request of the Speaker selected as that committee 
Mess Hutchinson Brown and Zimmerman 
motion of Mr. Frost 

Resolved that the 3d house be allowed the use of this hall on this evening 
if not otherwise occupied by this body 

Motion lost 

Mr. Dickey presented the following memorial 

To the Speaker and members of the House of Representatives 

The undersigned in behalf of the Kansas Philomathic Institute respect- 
fully request the use of your hall for a public lecture to be delivered before 
that society on Saturday evening next by the Rev. Edward Seagraves 

Respectfully &c 

Topeka March 6, 1856 Henry P. Waters Secty 

On motion of Mr. Blood the request was granted. Mr. Hartwell moved 
an adjournment until 10 o'clock tomorrow morning Mr. Frost moved an 
an amendment insert 9 in place of 10. motion lost 

The motion of Mr Hartwell prevailed and the House adjourned until to- 
morrow morning at 9. O'clock 

J. K. Goodin Ch'f Clk H. Rep. 

House of Representatives 

March 7. 1856. 10 o'clock. 

House met pursuant to adjournment 
Prayer by Rev. Seagraves 

Mess Reese Landers and Cannon of the 5th Senatorial District appeared 
and took the oath of office and their seats as members of the house 
Journal of yesterday read, amended and approved 

MESSAGES FROM THE SENATE 

Relative to memoralizing Congress 
Relative to election of Code Commissioners 

Mr. Hartwell moved to lay the messages on the table Mr. Hutchinson 
moved they be returned to the Senate asking their concurrence with resolu- 
tions of a similar character 

The Chairman of the special committee on contested seats of Adam 
Fisher made the following report 

MEMORIAL 

To the Honorable members of the first house of representatives of the State of Kan- 
sas in Assembly met 

I. Jacob Beyer your memorialist would submit the following contest of 
election to your honourable body for consideration and action I do certify 
that at the elections duly held at the precincts of Easton and Wyandot I 
was duly elected a member of your honourable body from the 12th district 



—13 



194 Kansas State Historical Society. 

and furthermore I do certify that certain judges and Clerks of election at 
Leavenworth precinct of said 12th district did secretly and covertly by per- 
ambulating the streets of Leavenworth and pocketing votes secure a certi- 
ficate of election to Adam Fisher and whose right to a seat in your honourable 
body I do for the reason above given formally contest and would respectfully 
submit the same to your honourable body for consideration and action 
For which your memorialist will ever pray 

Respectfully and obediently yours 

J. Beyer. 

Committee on Contested election in 12th Senatorial district 

As Chairman of the committee appointed to consider the contested seat 
of the 12th Senatorial or Leavenworth district in which J. Beyer contests 
the seat of Adam Fisher, I beg leave to submit the following report: — 

The votes polled at the different precincts of the 12th Senatorial district 
touching this contested case were the following: 

At Wyandot precinct Jacob Beyer received thirty four votes and Adam 
Fisher received no vote in this precinct 

At the Easton precinct J. Beyer, received fifty-nine votes and Adam 
Fisher received fourteen votes and at the Leavenworth precinct Adam 
Fisher had one hundred and sixty two votes while J. Beyer had no vote 

The returns of the Easton and Wyandot precincts show a clear majority 
of seventy-nine votes for Jacob Beyer over Adam Fisher, but by including 
the vote of the Leavenworth precinct in the same district Adam Fisher will 
have a clear majority of eighty three votes over Jacob Beyer The regularity 
and legality of the election and returns of the Easton and Wyandot precincts 
is undisputed And the only question which arises is. Is the election the' 
manner of its conduction and the returns of the Leavenworth precinct 
legal regular and valid so as to admit it here? 

The committee have examined the tally lists the poll books besides a 
number of witnesses from which they have gleaned the following facts. 
The poll books and tally lists of Leavenworth precinct are signed by two 
Clerks and by but two Judges the witnesses all testified that the votes were 
deposited either in an overcoat pocket. The votes of some of the witnesses 
were taken by a single clerk in the absence of the two judges J. M. Hook and 
F. P. Campbell another witness alleges that he voted out in the Street at the 
corner of a house that his vote was deposited with one clerk and one judge 
the clerk making a memorandum with a lead pencil in a small book he had 
for that purpose — several of the witnesses also testified that they were fur- 
nished with tickets by these same perambulating officials with the declaration 
that they were the tickets of the regular nomination when the facts were 
otherwise The election precinct had also been changed from Leavenworth 
to Easton some days previous to this secret election 

From all the evidence the committee have been able to procure they have 
decided that the vote at Leavenworth precinct was illegal and they therefore 
find adversely to the claims of Adam Fisher and in favour of Jacob Beyer for 
a seat in this House 

E. R. Zimmerman Chairman &c 

Mr. Crosby moved the adoption of the report Mr. Stephens moved it be 
laid upon the table motion lost The motion of Mr. Crosby prevailed Mr. 
Edsall on leave made some personal explanations relative to his vote on the 
contested case of Beyer vs Fisher 

On motion the committee of contested seat was discharged 
Mr. Brown called for the reading of the report of the Executive Com- 
mittee Mr. Tuton moved a recess until 2 o'clock P. M. at which time the 
Senate to be notified of the desire of the House to go into joint convention 
for the purpose of receiving of report of Executive Committee motion 
carried 



The Topeka Movement. 



195 



2 o'clock P. M. 

House met pursuant to adjournment Roll called and a quorum answered 
to their names 

Mr. Mewhinney presented the following petition 

To the Honourable the House of Representatives of the State of Kansas 

We the undersigned a committee of Kansas now congregated at Topeka 
respectfully petition your honourable body that the use of the Hall of the 
House of Representatives be granted us on this evening if not needed by 
your body 

(Signed) C. W. Babcock 
S. Sutherland 
Josiah Miller 
J. C. Gordon 
F. L. Crane 

On motion of Mr. Crane the request was granted 

Mr Beyer of the 12th Senatorial district presented himself to the House 
took the oath of office and entered upon the discharge of his duties as a mem- 
ber of the house 

Mr. Wm. Pennock of the 12th Senatorial district presented his credentials 
for membership to the House 

On motion of Mr. Blood a committee of three was appointed to examine 
the credentials of Mr. Pennock, and report thereon to the House 

The Chair appointed Mess Jameson Crosby and Toothman said committee 

The time having arrived for the meeting of the joint convention of both 
Houses the Senate was announced and took their seats in convention The 
President of the Senate presiding The report of the Chairman Secretary and 
Treasurer was submitted and read The business for which the convention 
had met having been finished it was declared by the President adjourned 
sine-die 

On motion of Mr. Orr the house proceeded to the election of an assistant 
transcribing clerk pro tern which resulted as follows. 

C. S. Pratt had 18 votes 
F. W. Giles had 13 " 
S.Tucker had 2 " 
Whole number of votes 38 
Necessary to a choice 20 
Neither person having received a majority of all the votes cast it was 
declared that there had been no election 

A second balloting was had which resulted as follows 
C. S. Pratt had 20 
S. Tucker had 3 
F. W. Giles had 17 
Whole number of votes 40 
Necessary to a choice 21 
Neither person having received a majority of all votes cast a third bal- 
loting was had with the following result 

C. S. Pratt had 16 votes 
F. W. Giles had 22 " 
F. W. Giles having received a majority of all the votes cast was declared 
duly elected 

On motion of Mr. Dickey resolved that 10.000 copies of the reports of the 
Executive Committee be printed for the use of the House. Mr. Blood pro- 



196 Kansas State Historical Society. 

posed to amend by inserting 200 instead of 10,000 Mr. Addis moved to 
amend by inserting 500 which amendment prevailed Resolution as amended 
was adopted 

Report of Executive Committee 

Topeka, Kansas Mar. 6. 1856 
Gentlemen of the Senate and House of Representatives 

In response to your resolution of the 5th inst I have the honor to submit 
the following report: 

As the Executive Committee were entrusted by the people with the or- 
ganization of a State government and as some steps of that organization do 
not seem to be fully understood I have taken the liberty of embracing in 
this report a brief history of that organization Early in August 1855, the 
following notice was printed and widely circulated among the people of the 
Territory 

MASS MEETING 

The Squatters of Kansas Territory without distinction of party will 
assemble in mass meeting in Lawrence on Wednesday the 15th day of 
August at 3 o'clock P. M. to take into consideration the propriety of calling 
a territorial convention preliminary to the formation of a State government 
and other subjects of interest 

signed (Many Citizens) 

Pursuant to this call a large convention of the people irrespective of party 
met and adopted the following preamble and resolutions with but one dis- 
senting vote 

Whereas the people of Kansas have been since its settlement and are 
now without any law making power therefore be it Resolved: 

That we the people of Kansas in mass meeting assembled irrespective of 
party distinctions influenced by a common necessity and greatly desirous of 
promoting the common good, do hereby call upon and request all bona 
fide citizens of Kansas Territory of whatever politics views or predilections 
to consult together in their respective election districts and in mass con- 
vention or otherwise elect three delegates for each representation to which 
such district is entitled in the House of Representatives of the Legislative 
assembly by proclamation of Gov. Reeder of date 10th March 1855 said dele- 
gates to assemble in convention at the Town of Topeka on the 19th day of 
September 1855 then and there to consider upon all subjects of public 
interest and particularly upon that having reference to the speedy formation 
of a constitution with intention of an immediate application to be admitted 
as a State into the Union of the United States of America On the 19th 
day of September 1855 the peoples convention assembled at the Town of 
Topeka, pursuant to the above resolution and the following among other 
proceedings were had. The report of the business committee was unani- 
mously adopted as follows Whereas, the constitution of these United 
States guarantees to the people of this republic the right of assembling to- 
gether in a peaceable manner for the common good, to establish justice 
ensure domestic tranquility provide for a common defense, promote the 
general welfare secure the blessings of liberty to themselves and their posterity 
and whereas the citizens of Kansas Territory were prevented from electing 
members of the Legislative assembly in pursuance of the proclamation of 
Gov. Reeder on the 30th of March last by an invading force from foreign 
States coming into the Territory and forcing upon the people a legislature 
of non residents and others inimicable to the people of Kansas Territory 
defeating the object of the organic act in consequence of which the territorial 
government became a total failure and the people were left without any 
legal government until their patience has become exhausted and forbearance 
ceases to be a virtue and they are compelled to resort to the only remedy 
left that of forming a government for themselves 

Therefore Resolved by the People of Kansas Territory in delegate con- 



The Topeka Movement. 197 

vention assembled that an election shall be held in the several election 
precincts of this Territory on the second Tuesday of October next under the 
regulations and restrictions hereinafter imposed for members of a convention 
to form a constitution adopt a bill of rights and take all needful measures 
for organizing a state government preparatory to the admission of Kansas 
as a State 

Resolved that a committee of seven be appointed by the chair who 
shall organize by the appointment of a chairman and a Secretary they 
shall keep a record of their proceedings and shall have the general super- 
intendence of the affairs of the territory so far as the organization of a State 
government is concerned which committee shall be styled the Executive 
Committee of Kansas Territory 

As a continuation of this history I annex and make a part of this report 
the proclamation of the Executive Committee marked (A) fixing the time 
place and manner of holding the election of delegates to the constitutional 
convention as also a notice to the electors marked (B.) and the proclamation 
announcing the result and the names of the delegates marked (C) and the 
proclamation calling upon the people to vote upon the constitution the 
general banking law and the passage of Stringent laws for the exclusion of 
free negroes marked (D) and the proclamation announcing the result of the 
vote marked (E) also a proclamation calling upon the people to elect state 
officers and members of the General Assembly marked (F.) also the pro- 
clamation giving the result of the State election and the names of the State 
officers elected (G.) and the result of the election of members of the General 
Assembly and the names of the persons elected marked (H) 

By reference to these official papers it is evident that a State organization 
has been had without any regard to party distinctions all bona fide citizens 
legal voters were pressingly invited to participate without reference to party 
predictions 

In view of the fact that Gov. Shannon had been so recently misled by 
the falsehoods of the enemies of the people of Kansas it is wonderful that 
the President of the United States should without examination upon exparte 
testimony publish that the State organization was a mere party measure 
when every notice resolution and proclamation proves that the people of 
Kansas without reference to party ties originated and have so far successfully 
carried it through it is true that the government officials with but one 
exception failed to cooperate with the people in their efforts to establish 
a free government more however it is believed from fear of losing their 
positions than hostility to the movement It is presumed that the President 
would not have preferred this charge against the squatters of Kansas had 
he known that those who failed to participate in the State organization 
were principally his own appointees to make out his case he is compelled 
to take advantage of his own wrong which is forbidden by every rule of law 
and justice 

FINANCIAL 

Before the meeting of the constitutional convention it became manifest 
that some provision must be made for raising funds for carrying on the 
State organization on the tenth of November the first certificate was 
issued under the following provision adopted by the constitutional convention 

Certificates of indebtedness may be issued by the Territorial Executive 
Committee for all necessary expenses occuring in the formation of the 
State government not exceeding Twenty five Thousand Dollars provided that 
no certificates shall be issued except for legitimate expenses All claims 
shall be made in writing and shall be numbered and kept on file in the Secre- 
tarys office and all certificates of indebtedness shall be signed by the Chair- 
man and Secretary and countersigned by the Treasurer and numbered to 
correspond with the claim or bill for which it was issued The certificate 
shall bear ten per cent interest per annum 

The rules laid down have been rigidly adhered to the whole issued as 
shown by the books of the Secretary is fifteen thousand two hundred and 
sixty dollars 90/100 ($15,265.90) from this amount if you deduct sums 



198 Kansas State Historical Society. 

issued and to be issued to agents sent to the United States amounting to 
$1+200 it leaves the net cost of the State organization $11,065.90 The Com- 
mittee entertain the hope that it will be conceded that in the management 
of the funds economy has controlled in every expenditure they challenge 
comparison and are confident that no state government has been organized 
on this continent at anything near these figures The people of Kansas are 
already reaping the benefits of this economy in disposing of their certificates 
at par while Missouri State Bonds are selling at eightyfive cents 

CONSTITUTION 

Shortly after the constitutional convention Marcus J. Parrott Esq. 
member of the constitutional convention and member of the executive com- 
mittee was appointed to draft a memorial to the congress of the United 
States asking for the admission of Kansas into the Union of the United 
States with her present constitution about the same time a manuscript copy 
of the constitution was forwarded to M. F. Delahay Esq. of Leavenworth 
afterwards elected Representatives to Congress. Before the organization 
of that body both left for Washington City one with the copy of the consti- 
tution and the other with power to draft a memorial both empowered to 
present the constitution 

On the 16th of January the following order was passed by the Executive 
Committee That the Chairman appoint a committee of three himself 
being one of that number to convey to Washington City the constitution 
The Chairman made his arrangements immediately to obey the order Just 
before leaving the Easton difficulty occurred. Brown was butchered civil 
war seemed inevitable On the one hand the pleasure of visiting the United 
States was tempting him on the other his fellow citizens of Kansas seemed 
to demand his services — to leave them at such a crisis was not to be dreamed 
of — he remained 

Immediately after the election in January Mess Smith Emery and Qon- 
way were sent as a deputation to the United States Judge Smith was ordered 
to procure the certificate of printers — he did secure the certificate of John 
Speer State printer he and every member of the deputation was ordered to 
spend a few days at Washington City they could certify to the constitution 
and they were clothed with authority to lay it before Congress. Mr. Parrott 
has verbal and written instructions to have the Constitution transcribed 
on parchment and delivered to Mess Cass and Banks to be laid before either 
branch of Congress — to guard against every contingency a certified manu- 
script copy has recently been forwarded by mail to Mess Delahay and Parrott 
care of Hon. Geo. E Pugh with a letter of instructions Every member of 
Congress is supplied with the constitution of Kansas We have in Washing- 
ton City or ordered to that City our Representative elect to the Congress 
of the United States, three members of the Executive Committee — seven 
members of the constitutional convention each one prepared to certify to 
the constitution and each authorized and eager to present it to Congress. 

Mess. Goodin Brown, Holliday and Lane, on the day of having 

been before appointed, agents to visit the United States were selected to 
repair to Washington City there to remain to aid in procuring the admission 
of Kansas as a Sovereign State In view to the expense of a Sojourn in 
Washington City five hundred dollars in scrip was voted in part pay to- 
wards their expenses except to Lane, — three hundred only was voted to him 
he having under his former appointment drawn two hundred dollars which 
was forwarded by him to Will Comback his successor in Congress to be 
cashed — the proceeds to be deposited in Bank for the use of the deputation 
where it will remain untouched until it is used for the purpose for which 
it was drawn 

It is but natural that the members of the Committee should feel some 
interest on the subject of salaries. Goodin Smith and Lane have drawn 
two hundred dollars each Holliday one hundred dollars Brown fifty dollars 
Schuyler and Parrott nothing We have determined to submit this question 
to your judgment you are acquainted with the labour we have performed 
with your decision we will be content. 



The Topeka Movement. 



199 



We cannot refrain from congratulating you and those you represent on 
the bright prospects before you the State government for Kansas is or- 
ganized you are assembled to enact laws that will secure peace and happi- 
ness to our people, there are dark clouds in our political horizon but we 
should not be discouraged we have the sympathy and promised aid of 
Strong arms and stout hearts with their assistance if we are true to our- 
selves Kansas must and will be free 

All of which is respectfully submitted 

(signed) J. H. Lane, Chairman of Executive K. T. 

On motion of Mr. Blood 

Resolved that the Chairman of the Executive Committee be requested 
to lay before the General Assembly a copy of the returns of elections for 
state officers and members of the General Assembly in accordance with a 
requirement of the constitution 

Mr. Bowen moved the following resolution 

Resolved that we proceed to elect two United States Senators 

Ruled out of order by the Chair 

On motion of Mr. Hutchinson 

Resolved that a special committee of five be appointed by nomination to 
confer with a committee of the same number appointed by the Senate for 
the purpose of making a report in joint session upon the location of the 
Capitol of the State of Kansas 

Orr moved a reconsideration of the vote the yeas and nays were demanded 
thereon and ordered and resulted Yeas 25 Nays 14, as follows: — Yeas, 
Mess Addis Barry Beyer, Curtiss Cannon Cody Dickey Frost, Jameson 
Landers Mewhinney McGhee Orr, Purdam Reese Simmerwell Shores 
Stephens Sparks Tabor Toothman Todd, Wade Williams & Speaker 25 

Nays Mess Abott Blood Brown Crosby Edsall Hutchinson Hartwell 
Hornsby Hicks McClure Saunders Tuton Walker and Zimmerman 14 

Mr. Tuton moved to amend the resolution by striking out the word 
"be appointed by nomination" and inserting "be elected by the House" 
amendment adopted 

Mr. Addis proposed an amendment by striking out the word "five" and 
inserting "one from each Senatorial district. The amendment of Mr. Addis 
was adopted. 

On motion of Mr. Addis the resolution as amended was adopted 

On motion of Mr. Tuton the words "to report at the next session" was 

added to the resolution 

On motion of Mr. Hutchinson the house proceeded to the ballotings for 

said committee as follows 



1st District John Hutchinson had 23 votes 

Mr. Purdam " 11 " 

J. Blood " 3 " 

2d District S. Walker " 17 " 

J. M. Tuton " 22 " 

3d District W. R. Frost " 24 " 

M. C. Dickey " 16 " 

4th District S. T. Shores " 15 " 

S. Mewhinney " 24 " 

5th District J. Brown Jr. " 20 " 

T. Arthur " 17 " 



200 



Kansas State Historical Society. 



6th District Mr. Toothman had 9 votes 

" Tabor " 2 " 

" Addis " 23 " 

7th District Mr. McClure " 30 " 

Mr. Barry " 4 " 

8th District Mr. Wetson " 12 " 

Mr. Ferby " 19 " 

9th District Mr. Wade " 10 " 

Mr. Hicks " 24 " 

10th District Mr. Jameson by acclamation 

11th District Mr. Zimmerman had 20 " 

Mr. Crosby " 13 " 

Mr. Stephens " 3 " 

12th District ■ Mr. Orr " 16 " 

Mr. Sparks " 15 " 

Mr. Beyer " 5 " 

Mr. Cody " 1 " 

No election — 

2d Ballot Mr. Orr had 11 votes 

Mr. Sparks " 18 " 

Mr. Beyer " 6 " 

Mr Cody " 1 " 

No election — 

3d Ballot Mr. Orr had 6 votes 

Mr. Sparks " 26 " 

Mr. Beyer " 3 " 



Mess. Hutchinson Tuton Frost, Mewhinney Brown Addis McClure 
Ferby Hicks Jameson Zimmerman and Sparks having each received a 
majority of all the votes given were duly elected as the committee on the 
part of the House and the Clerk was instructed to give the proper notification 
to the senate 

Mr. Blood offered the following resolution 

Resolved That the Executive Committee be requested to deposit all the 
books and papers remaining in their office including the original manuscript 
copy of the Constitution of the State of Kansas in the office of the Secretary 
of State 

Mr. Dickey moved to lay the resolution upon the table 

The yeas and nays thereon were demanded and ordered and resulted 
Yeas 23. Nays 13. as follows: — 

Yeas Mess. Arthur Addis Brown Bowen Cannon Cody Dickey Edsall 
Hutchinson Hornsby Hicks Jameson Mewhinney McGhee Orr Purdam 
Reese Simmerwell Shores Stephens Sparks Tabor and Speaker 

Nays Mess Abbott Blood Barry Curtiss Crosby Hartwell McClure 
Landers Toothman Todd Williams and Zimmerman 

So the resolution was laid upon the table 

Mr. Hicks offered the following resolution 

Resolved by the Senate and House of Representatives of Kansas. That 
the two houses meet in joint session at 11 A. M. on Saturday the eighth inst 
in the Hall of the House of Representatives and then and there elect 2 
persons to represent the State of Kansas in the Senate of the United States 
one to serve three years from the 4th day of March 1855 and one to serve 
6 years from the 4th day of March A. D. 1855 



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201 



MESSAGE FROM THE SENATE 

Relative to Joint Rules as follows. 

Mr. Speaker, I have the honor to inform the House of Representatives 
that the Senate has adopted the following joint rules in which the con- 
currence of the House of Representatives is requested 

JOINT RULES OF THE TWO HOUSES 

1st In every came of amendment of a bill agreed to in one house and 
dissented to in the other if either House shall request a conference appoint 
a committee for that purpose and the other house shall also appoint a com- 
mittee each committee shall at a convenient hour to be named by the Chair- 
man, meet in conference and state to each other verbally or in writing as 
each shall choose the reasons of their respective houses for and against the 
amendment and confer freely thereon 

2d Messages shall be sent by the Secretary or Clerk of each house re- 
spectively 

3d When a messinger shall be sent from the Senate to the House he shall 
be announced at the door of the House, by the Sargeant at Arms and he 
shall respectfully communicate his message to the House 

Uh The Same ceremony shall be observed when a message is sent from 
the House to the Senate 

5th All Bills on passage between the two houses shall be under the 
Signature of the Clerk or Secretary of each House respectively 

Sec. 6th Bills shall be enrolled by the Clerk of the House or the Secretary 
of the Senate as the same may have originated in the one or the other House 

7th After examination and report Bills shall be signed first by the 
Speaker of the House and then by the President of the Senate 

8th When a Bill or Resolution passed in one House and rejected in the 
other notice thereof shall be given in the House in which it passed 

9th Each House shall transmit to the other all papers upon which any 
bill or resolution shall be founded 

10th All Bills which may have passed a third time shall be engrossed 
in a fair hand and certified by the Secretary or Clerk of the House in which 
they may have originated respectively before sent to the other 

11th After each House shall have adhered to their disagreement a Bill 
or resolution shall be lost 

12th When Bills are enrolled they shall be examined by a joint com- 
mittee of two from the Senate and two from the House appointed as a 
Standing Committee for that purpose who shall carefully compare the 
enrollment with the engrossed bills as passed in the two houses and correct 
any errors that may be discovered in the enrolled bills 

All of which is most respectfully submitted 

Attest A. Allen Ch'f Clerk. 

On motion the House adjourned until tomorrow morning at 9 o'clock 

J. K. Goodin Ch'f CVk H. Rev. 

House of Representatives 
9 o'clock a. m. March 8. 1856 

House met pursuant to adjournment 
Prayer by the Rev. Addis 

Roll called — Sergeant at Arms dispatched for absentees On motion 
of Mr. Tuton further proceedings under the call was dispensed with 

The committee on elections in case of Wm. Pennock an applicant for 
admission to the House made the following report. 

Committee to investigate the claim of William Pennock to a seat in this 
his house as representative from the 12th Senatorial district as chairman 
of said committee I beg leave to submit the following Report. 

After a thorough examination of the Poll Books and Tally List of the 
several precincts of said district we find that there were polled for Mr. 



202 Kansas State Historical Society. 

Pennock at the Wyandott precinct 35 votes at the Easton precinct 72 
votes and at the Leavenworth Precinct none whole number of votes polled 
for said claimant 107 Now that there is no evidence whatever produced by 
the poll books and tally list or otherwise that he is not entitled to his [seat] 
committee have decided said election was legal and that Mr. Pennock is 
entitled to a seat in this house Topeka. March 8, 1856 

(signed) A. A. Jameson Chairman 

On motion of Mr. Frost the report was adopted whereupon Wm. Pennock 
appeared took the oath of office and took his seat as a member of the House 

The special committee appointed to report resolutions on the decease 
of Thomas W. Barber reported progress and asked leave to sit again leave 
was granted The same committee made the following report upon the 
death of the Hon. R. P. Brown 

Whereas R. P. Brown Esq. a member of this House was inhumanely 
murdered at Easton on the 18th of January last by a body of armed men 
from Missouri and the City of Kickapoo and whereas justice to ourselves 
as well as respect to the memory of the deceased require a tribute at our 
hands 

Therefore Resolved — That in the cold-blooded murder of R. P. Brown 
by the hand of a mob, of the mercenaries and desperadoes of a neighboring 
state we have sustained an irreparable loss, — the country of the services of 
a gentleman of Intelligence Integrity, Honor Patriotism and True Courage 
and his family of a husband and father 

Resolved That we extend to the bereaved widow our heartfelt condolence 
on account of the afflicting calamity and assure her that the whole country 
joins with her in her grief 

Resolved That while we condole with her in her afflictions we feel that 
Providence will overrule for good Mr. Brown has joined the host of martyrs 
whose blood has watered the tree of Liberty his name with those of Dow 
and Barber will survive and adorn the brightest page in the future history 
of Kansas while those who were the instruments of this outrage like the 
perpetrators of other base crimes will be remembered only as monsters in 
the dark catalogue of human depravity 

Resolved That we recommend to the lovers of freedom and justice to 
erect a monument to the memory of the deceased with suitable inscriptions 
and the state make liberal contributions in aid of such enterprise 

Resolved That we wear the usual badge of mourning for thirty days in 
commemoration of the heroic conduct of our deceased friend and colabourer 
in the cause of Freedom 

Resolved That certified copies of these resolutions be furnished the 

several papers in the State of Kansas and that be requested to copy 

the same and that copies be forwarded to the widow of the deceased 

On motion of Mr. Orr the report was adopted 

The committee on ways and means reported House Bill no. 1. Authorizing 
the State Auditor to audit all demands against the State 

Mr. Dickey moved the following amendment to the bill That the Gov- 
ernor is hereby allowed to employ a messenger for his office and he shall be 
allowed all expenses for postage stationery fuel books &c belonging to his 
department 

On motion of Mr. Hartwell all after the word messenger was stricken out 
Mr. Blood proposed to amend by inserting after the words "and State 

officers" and adding "all other demands against the State" amendment 

adopted 

Mr. Blood proposed an additional section to the bill, as follows 

Sec. 2, This act to take effect from and after its passage — amendment 
adopted 



The Topeka Movement. 



203 



On motion of Mr. Tuton the rules were suspended and the bill passed to 
its second reading After the reading of the bill on motion of Mr. Hartwell 
the bill was ordered to be engrossed A letter was received from the assistant 
enrolling clerk declining his office 

The resignation was received and on motion of Mr. Hutchinson the House 
proceeded to fill the vacancy occasioned by the resignation of F. W. Giles 
The following was the result of the ballotings 

Geo. S. Ramsey had 10 votes 
C. S. Pratt had 26 " 
Caleb S. Pratt having received a majority of all the votes given was declared 
duly elected. Mr. Williams offered the following resolution 

Resolved that the committee appointed to prepare a memorial to be 
sent to the Congress of the United States asking for the admission of Kansas 
into the Union as a Sovereign State be authorized to forward said memorial 
as soon as possible to be presented to that body Provided that the General 
Assembly shall adjourn previous to the completion of said memorial by 
the Committee 

On motion of Mr. Zimmerman the resolution was laid upon the table 
On motion of Mr. Hartwell the joint rules of the Senate and House of 

representatives was read a second time and ordered to a third reading upon 

Monday next 

Mr. Blood moved an adjournment motion lost Mr. Toothman asked 
leave of absence — granted. The resolution of Mr. Hicks being next in order 
Mr. Hornsby moved to lay the resolution on the table 

Mr. Edsall offered the following resolution Resolved. That the Senate 
concurring The House will at 4 o'clock this afternoon proceed to the election 
of two persons to represent Kansas in the Senate of the United States Mr. 
Addis moved to amend by striking out "4" and inserting "2" Mr. Blood 
moved to amend by striking out after the word House "will at 4 o'clock this 
afternoon" and inserting "will on the fourth day of July next" lost 

On motion of Mr. Blood House suspended further action on the resolu- 
tion until a message from the Senate be read, motion carried 

Message from the Senate 

Mr. Speaker I have the honor to present the following extract from the 
journal of the Senate 

Resolved. The House concurring the Senate will go into joint committee 
at four o'clock this day for the election of two persons as United States 
Senators 

Attest A. Allen Clerk. 

Mr. Saunders moved an adjournment motion lost Mr. Blood moved 
that the further consideration of the resolution be postponed until 25th June 
next lost Mr. Blood then made a motion to defer action upon the resolution 
until after action upon Senate Bill No. 4, upon which the yeas and nays were 
called 

Yeas. Mess. Abbott Blood Beyer Brown Barry Curtiss Cannon Crosby 
Cody Dickey Frost Hartwell Hutchinson Hornsby Jameson Mewhinney 
McClure Purdam Pennock Reese Saunders Stephens Sparks Tabor Todd 
Williams 26 

Nays. Mess Arthur Addis Bowen Edsall Hicks Landers McGhee Shores 



204 



Kansas State Historical Society. 



Toothman Tuton Zimmerman & Speaker 12. The motion prevailed On 
motion of Mr. Blood Senate Bill No. 4 was taken up and on motion of the 
same gentleman the rules were suspended. 
Yeas and nays being ordered. 

Yeas Arthur Addis Abbott Blood Beyer Brown Barry Curtiss Cannon 
Crosby Cody Dickey Edsall Frost Hartwell Hutchinson Hornsby Hicks 
Jameson Landers Mewhinney McClure McGhee Pennock Purdam Reese 
Saunders Simmerwell Shores Stephens Sparks Tuton Tabor. Toothman Todd 
Williams Zimmerman 38 

Nays none 

So the Bill passed to a second reading On motion of Mr. Blood the fol- 
lowing amendment was adopted 

Prefix Whereas a vacancy has occurred in the Senate and subjoin 
This act shall be in force from and after its date 

On motion of Mr. Brown the roll was called and 38 members responded 
to their names 

The Yeas and Nays were then ordered on the adoption of the first section 
of Senate Bill No 4. and resulted as follows 

Yeas Mess Arthur Addis Abbott Blood Beyer Brown Bowen Barry Cur- 
tiss Cannon Crosby Cody Dickey Edsall Frost. Hartwell Hutchinson Hornsby 
Hicks Jameson Landers Mewhinney McClure McGhee Pennock Purdam 
Reese Saunders Simmerwell Shores Stephens Sparks Tuton Tabor Toothman 
Todd Williams Zimmerman and Speaker 38 

Nays none 

Yeas and nays being ordered on the adoption of the second section of 
Senate Bill No. 4. resulted as follows 

Yeas. Mess Arthur Addis Abbott Blood Beyer Brown jr. Bowen Barry 
Curtiss Cannon Crosby Cody Dickey Edsall Frost Hartwell Hornsby Hutch- 
inson Hicks Jameson Landers Mewhinney McClure McGhee Pennock Pur- 
dam Reese Saunders Simmerwell Shores Sparks Tabor Tuton Toothman 
Todd Williams Zimmerman 37 

Yeas and Nays being ordered on the final passage of Bill No. 4. resulted 
as follows. 

Yeas Mess. Arthur Addis Abbott Blood Beyer Brown Jr. Bowen Barry 
Curtiss Cannon Crosby Dickey Edsall Frost. Hartwell Hutchinson Hornsby 
Hicks Jameson Landers Mewhinney McClure McGhee Pennock Purdam 
Reese Saunders Simmerwell Shores Sparks Tuton Tabor Toothman Todd 
Williams Zimmerman 37 

On motion of Mr. Blood the bill as amended was returned to the Senate 
for concurrence 

On motion of Mr. Crosby adjourned to 2 o'clock P. M. 

Afternoon Session 

Met pursuant to adjournment Roll called — a quorum being present 
Caleb S. Pratt Assistant Transcribing Clerk pro tern elect came forward 
took the oath of office and entered upon the discharge of his duties Mr. 
Cody moved that the resolution for the election of United States Senators 
be taken up motion carried 

Mr. Bloods amendment to postpone the election of United States Senators 



The Topeka Movement. 



205 



until the 4th of July next Yeas and Nays being ordered was voted upon 
and resulted Yeas 16 Nays 25: as follows: — 

Yeas Mess. Abbott Blood Beyer. Brown Barry Crosby Hartwell Hornsby 
Jameson McClure Purdam Saunders Tabor Toothman Todd and Williams. 

Nays Arthur Addis Bowen Curtiss Cannon Cody Dickey Edsall Frost 
Hutchinson Hicks Jones Mewhinney McGhee Orr Pennock Reese Simmer- 
well Shores Stephens Sparks Tuton Walker Zimmerman & Speaker 25 

So the amendment was lost 

Mr. Blood then offered the following amendment to strike out the words 
4 o'clock and insert the 10th of June next. 

The Speaker decided the amendment to be out of order 

Mr. Blood took an appeal from the decision of the Chair Mr. Orr moved 
that all who wished should be excused from voting motion lost 

Yeas and Nays on the appeal being ordered, resulted Yeas 21 Nays, 17. 

Yeas Arthur Addis Bowen Curtiss Cannon Cody Dickey Edsall, Frost 
Hicks Landers Mewhinney McGee Orr, Purdam Reese Simmerwell Shores 
Stephens Sparks Tuton 21. 

Nays. Mess. Abbott Brown Barry Blood Crosby Hartwell Hutchinson 
Hornsby Jameson McClure Saunders Tabor Toothman Todd Williams 
Walker Zimmerman 17 

Mr. Dickey called for the previous question which was then taken Yeas 
and Nays being ordered resulted Yeas 25, Nays 16. 

Yeas Mess. Arthur Addis Bowen Beyer Curtiss Cannon Cody Dickey 
Edsall Frost Hicks Landers Mewhinney McGhee Orr, Pennoc,k Reese Sim- 
merwell Shores Stephens Sparks Tuton Walker Zimmerman Speaker 

Nays. Abbott Blood Brown Jr. Barry Crosby Hartwell Hutchinson 
Hornsby Jameson McClure Purdam Saunders Tabor Toothman Todd Wil- 
liams 16 

So the previous question was carried The question then was on the 
adoption of the resolution as amended 

Yeas and Nays being ordered resulted Yeas 25 Nays 16. 

Message from the Senate 

Mr. Speaker I have the honor to inform you that the Senate have con- 
curred in the amendments of the House to Bill No. 4. from the Senate 

Attest A. Allen Clerk. 

Yeas, on the adoption of the resolution as amended, Mess Arthur Addis 
Beyer Bowen Curtiss Cannon Cody Dickey Edsall Frost Hicks Landers 
Mewhinney McGhee Orr Pennock Reese Simmerwell, Shore Stephens Sparks 
Tuton Walker Zimmerman Speaker 

Nays, Abbott Blood Brown Jr Barry Crosby Hartwell Hutchinson Horns- 
by Jameson McClure Purdam Saunders Tabor Toothman Tcdd, Williams 

A recess was taken on motion on Mr. Tuton until 4 o'clock. 

4 o'clock p. m. 

The two houses met in joint session the President of the Senate presiding 
and proceeded to elect, 2 persons to represent the State of Kansas in the U. S. 
Senate one for the term of three years from March 4th 1855, the other for 
the term of six years commencing at the same time 

On the first vote the result was as follows for A. H. Reeder Mess. Adams 



206 



Kansas State Historical Society. 



Allen Cole Dunn Fish Green Harding Hillyer Irvin Addis Abbott Blood 
Beyer Brown Jr. Bowen Barry Curtiss Crosby Cody Edsall Hartwell Hutchin- 
son Hornsby Hicks Jameson McClure Orr, Purdam Saunders Simmerwell 
Sparks Tabor Toothman Todd Williams Walker Zimmerman Minard 38. 

For James H. Lane, Mess Curtiss Dailey Miller Thornton Arthur Cannon 
Dickey Frost Landers Mewhinney McGee Pennock, Reese Shores Stephens 
15 For W. Y. Roberts, Mess Fuller McKenzie and Tuton 3. 

Hon. A. H. Reeder having received a majority of the votes cast was de- 
clared duly elected on motion A. H. Reeder was declared duly elected On 
motion A. H. Reeder was declared unanamously elected 

On the second ballot, the result was as follows, for James H. Lane, Mess 
Adams Cole Curtiss Dailey Dunn Fuller Green Hillyer McKenzie Miller 
Thornton Arthur Addison Beyer, Brown Jr Bowen Curtiss Cannon Cody 
Dickey Edsall Frost Hutchinson Hicks Landers Mewhinney McGhee Orr 
Pennock Purdam Reese Simmerwell Shore Stephens Sparks Tuton Williams 
Walker Zimmerman Minard 40. 

For P. C. Schuyler Mess Allen Fish Abbott Blood Hartwell Saunders 
Tabor Toothman Todd 9 

For J. K. Goodin Mess. Harding Irvin and Hornsby 3. 

For R. Klotz Mess Barry and McClure 2. 

For M. J. Parrott Mess Crosby and Jameson 2. 

Hon. James H. Lane having received a majority of all the votes cast 

was declared duly elected 

On motion James H. Lane was declared unanimously elected 

The President announced that the convention had accomplished the object 

for which they came together — declared it adjourned sine-die 

HOUSE CAME TO ORDER. 

On motion of Mr. Frost the following committee was appointed to ex- 
amine the report of the executive Committee and to report to the House — 
Mess Frost Blood and Tuton 

On motion the House then adjourned 

J. K. Goodin Ch'f CVk H. Rep. 

House of Representatives 

Monday, March 10, 1856 
Met pursuant to adjournment. Prayer by the Rev. Mr. Tuton. Roll 
called — Sargeant at Arms sent for absentees 

A quorum being present, the journal of Saturday was read amended and 
approved 

Mr. Joseph Higgins of 5th district came forward took the oath of office 
and entered upon the discharge of his duties as a member of this House 

Mr. Blood Chairman of Committee on Banks and Corporations reported 
House Bill No. 2. 

On motion of Mr. Orr the report was accepted On motion of Mr. Edsaul 
the report was laid upon the table 

On motion of Mr. Hutchinson that part of the Governor's message re- 
ferring to the militia was referred to the committee on militia 

Mr. Mewhinney offered the following resolution 

Resolved That a committee of three be appointed to investigate the claims 
of members to their seats in this House — adopted 



The Topeka Movement. 



207 



On motion of Stephens the committee were empowered to send for persons 
and papers 

Mess. Mewhinney Edsaul and Crosby were appointed said committee 
Mr. Pennock offered the following resolution 

Resolved That the Chair appoint a committee of nine to act in concord 
with three from the Senate to codify the laws — adopted 

The following message from the Senate was received 

Mr. Speaker I have the honor, to inform you that the following 
resolution has passed the Senate and would ask the concurrence of the 
House therein 

Resolved That a committee of 5 be appointed to act in conjunction with 
a Similar committee from the House of Representatives for the State of 
Kansas 

Mess. Allen Adams Curtis Thornton and Hillyer — committee 

attest A. Allen Ch. Clerk. 

On motion of Mr. Hutchinson the motion was amended so as to read "3 
from the Senate and nine from the House" 

On motion of Mr. Brown the rules were suspended. Yeas and Nays 
"being ordered resulted Yeas 38 Nays none — as follows 

Yeas, Mess. Arthur Abbott Blood Beyer Brown Bowen Barry Curtiss 
Cannon Crosby Cody Dickey Edsaul Frost Hartwell Hutchinson Hicks 
Jameson Landers Mewhinney McClure McGee Orr Pennock Purdam Reeses 
Saunders Shores Stephens Sparks Tuton Tabor Todd Williams Zimmerman 
Speaker 

So the resolution passed to its second reading. 

On motion of Mr. Hartwell after the word "three" insert "from the 
Senate" the motion was carried. 

On motion of Mr. Brown the rules were suspended, and the resolution 
passed to its third reading Yeas and Nays being ordered resulted. 

Yeas 38 Nays none — as follows. 

Yeas Arthur Abbott Blood Beyer Bowen Brown Barry Curtiss Cannon 
Crosby Cody Dickey Edsall. Frost Hartwell Hutchinson Hornsby Higgins 
Hicks Jameson Landers Mewhinney McClure McGhee Orr Pennock Purdam 
Reese Saunders Shores Stephens Sparks Tuton Tabor. Todd Toothman 
"Williams Zimmerman Speaker 38 

Nays none 

Vote on the final passage yeas and nays being ordered resulted Yeas 38, 
T^ays none as follows. Yeas Mess Arthur Abbott Blood Beyer Brown Bowen 
Barry Curtiss Cannon Crosby Cody Dickey Edsaul Frost Hartwell Hutch- 
inson. Hornsby. Higgins Hicks Jameson Landers Mewhinney McClure 
McGee Orr, Pennock, Purdam Reese Saunders Shores Stephens Sparks 
Tuton Tabor. Toothman Todd Williams Walker Zimmerman Speaker 
Yeas 38 

Nays none 

On motion of Mr. Edsaul the resolution as amended, was returned to 
the Senate asking their concurrence 

On Motion of Mr. Hutchinson a committee of three was appointed to 
assign the several parts of the Governors message to the respective com- 
mittee The Chair appointed Mess. Hutchinson Tuton & Dickey said com- 
mittee 



208 



Kansas State Historical Society. 



Mr. Abbott offered the following resolution 

Resolved That the assistant doorkeeper and Sergeant at Arms be required 
to put into suitable wrappers for mailing all newspapers furnished this 
House and deliver to each member his due proportion 

On motion of Mr. Tabor, it was amended by inserting "and all other 
matter ordered to be printed for the use of the house" 
The resolution as amended was adopted 
Mr. Frost offered the following resolution 

Resolved That a committee of five be appointed to report the Salaries 
of the Speaker Clerks Sargeant at Arms Doorkeeper and messengers 

On motion of Mr. Edsauf the Bill was amended, by inserting "to report 
a bill to establish the Salaries" Resolution as amended was adopted 
The Speaker appointed Mess. Frost Blood Pennock Dickey and Tuton 
Mr. Tuton offered the following resolution 

Resolved that there be a committee of three appointed to repo# suit- 
able resolutions in reference to the death of the lamented G. W. Dow who 
was murdered in Cold Blood near Hickory Point in this territory, resolution 
adopted 

Mess. Tuton Saunders and Hartwell were appointed as said committee 
Mr. Hutchinson offered the following resolution. 

Resolved That the Clerk be authorized to procure the necessary blank 
books for the use of the clerks of this House adopted 

A Message from the Senate 

Mr. Speaker I have the Honor to inform you that the following 
resolution has passed the Senate and they do respectfully ask a concurrence 
of the house therein 

Resolved That the House of Representatives concurring the General 
Assembly will at 4 o'clock on Wednesday the 12th inst take a recess until 
the 4th day of July next at 12 o'clock 

Attest A. Allen Sec. of Senate 

On motion of Mr. Hutchinson the House resolved itself into committee 
of the whole the consider the message. 
Mr. Hartwell in the Chair 

The committee after considering the subject referred to them made 
the following report. 

Mr. Speaker the Chairman of Committee of the whole report back 
the resolution with one amendment, as follows 

Resolved That when the General Assembly take a recess they take it 
to meet again on the 4th of July 1856 at 12 o'clock. M. 

The following message was received from the Senate 

Mr. Speaker I have the honor, to inform you that the following reso- 
lution has passed the Senate and they do respectfully ask a concurrence 
of the House therewith 

Resolved The House concurring that the two Houses meet in the House 
of Representatives on Tuesday the 11th inst at 2 o'clock P. M. in joint 
convention for the purpose of electing 3 commissioners to codify the practice 
and simplify the pleading 

Attest A. Allen Chief Clerk. 

On motion of Mr. Tuton the House concurred On motion of the same 
gentleman the House adjourned until Tuesday 9 o'clock, A. M. 

J. K. Goodin Ch'f CVk H. Rep. 



The Topeka Movement. 



209 



House of Representatives 
Tuesday March 11/56 
House came to order pursuant to adjournment. Roll called a quorum 
answered to their names 

On motion of Mr. prayer was dispensed with 

Mr Marshall of the 6th and Mr. Jones of the 11th Senatorial district 
appeared took the oath of office and entered upon the discharge of their 
duties as members of this house 

Journal of yesterday read amended and approved 

Mr. Dickey chairman of committee on ways and means presented a 
report which was accepted 

Mr. Saunders chairman of the committee on "the militia" presented a 
report which was accepted 

Mr. Brown presented the following memorial from 56 Ladies of Topeka 
as follows. 

The the Honourable the Senate and the House of Representatives of the State 
of Kansas. 

The undersigned your memorialists citizens of Kansas and the wives 
and daughters of your constituents beg leave respectfully to present to 
your Honourable body that in the opinion of your memorialists the public 
interests require that suitable laws be immediately passed to prevent the 
manufacture and importation for sale or use as a beverage within the State 
of Kansas of any distilled or malt liquors 

It is not necessary for us in view of your own observations and the united 
testimony of all experience to enter into a minute discussion of the evils 
resulting to all classes of society from the use of intoxicating drinks as a 
beverage Ever since its first manufacture it has been the aim of legislators 
to pass restraining laws, to prevent its use and each year in the older states 
of the union new enactments have been found necessary until the Statute 
books have become literally loaded down with provisions on this subject 

It was not until within a few years that the true method was devised for 
its eradication and then those imaginary rights long established and en- 
trenched behind the bulwark of law, and even of State constitutions were 
found in the way of an effectual remedy Not so in Kansas here every thing 
is new, and those privileges acquired by law and long established customs 
do not exist No one can point to the precedent of several general generations 
to sustain him in doing that which he frankly admits to be a wrong upon 
Society Here in Kansas we are laying the foundation of a new society and 
you as the first law making power recognized by the people should examine 
with the greatest circumspection the evils existing in older States and by 
wise and judicious enactments protect the moral and social interests of the 
community. You will not [attempt] to pass by or neglect the enacting of 
stringent laws for the sale of lottery tickets the selling of unwholsome food 
the adulterating of flour &c. 

How then can you fail to give attention to a subject which impoverishes 
a whole nation brings wretchedness and misery in its train, fills the land 
with mourning and sends the widow's wail and orphans sob to heaven for 
relief 

Into the plastic material which you have the power to mould into form, 
and clothe with lineaments and breath and in view of the great suffering 
entailed on us the females of the State who are unable by persuasion and 
kindness to influence those we love in the channel which leads to tem- 
perance prosperity and happiness and in view of their oft repeated declara- 
tions that if the destroyer could be removed from their sight and reach 
they would abstain from its use we therefore urgently but respectfully 
pray you to take our memorial into consideration and enact such laws in 
consonance with its spirit which your wisdom may suggest 

Signed Mrs. L. M. Moore and 55 others 

The ladies of Topeka 

—14 



210 Kansas State Historical Society. 

On motion of Mr. Tuton the memorial was accepted and on motion of 
Mr Crosby it was referred to the committee on "vice and immorality" 
The following message was received from the Senate 

Mr. Speaker I have the honor to present the following resolution 
which passed the Senate and they do respectfully ask the House to concur 
therein 

Resolved That the House concurring Mr. A. D. Searl be employed to 
obtain from the office of the Surveyor General of Kansas and Nebraska as 
complete a map and description of the Surveyed Lands of Kansas as can 
be conveniently and speedily had for the use of the committee on Counties 

Attest A. Allen Sec. of Senate 

The message on motion of Mr. Hornsby was accepted. 
Mr. McClure offered the following resolution 

Resolved That a committee be appointed to be called "A Committee 
to compare Bills" the same to be one of the Standing committees of the 
House, resolution adopted. 

The Speaker appointed Mess. McClure, Marshall and Curtis said com- 
mittee 

Mr. Hartwell offered the following resolution. 

Resolved That the action upon the concurrent resolution for the ap- 
pointment of a codifying committee be now reconsidered. Adopted 

Mr. Hutchinson then offered the following resolution. 

Be it resolved by the General Assembly of the State of Kansas that a com- 
mittee of five be appointed from the Senate to act in conjunction with a 
committee to be appointed from the House whose duty it shall be to prepare 
laws and report the same to the Senate & House 

Mr. Hutchinson afterwards [amended] his resolution making it read as 
follows. 

Be it resolved by the General Assembly of the State of Kansas that a com- 
mittee of five be appointed from the Senate and fifteen from the House 
whose duty it shall be to prepare a code of laws and report the same to the 
Senate and House 

On motion of the same gentleman it was laid upon the table 
House Bill No. 1. was then passed. 
Yeas 38 nays none as follows: 

Yeas Mess Arthur Blood Beyer Brown Bowen Barry Curtiss Cannon 
Crosby Cody Dickey Edsaul Frost. Hartwell Hutchinson Hornsby Hig- 
gins Hicks Jameson Jones Landers Mewhinney Marshall McClure McGee 
Pennock, Purdam Reese Saunders Shores Sparks Tuton Tabor Toothman 
Todd Williams Walker Zimmerman 38. 

Nays none 

On motion of Mr. Hutchinson the bill was sent to the Senate for their 
concurrence 

On motion of the same gentleman House bill No 2 passed to a second 
reading the rules being suspended 

On motion of Mr. Tuton the House went into a committee of the whole 
for the consideration of House Bill No. 2. 

The Chairman of Committee of the whole reported the bill back to the 
House with sundry amendments 

On motion of Mr. Hutchinson the rules were suspended. Yeas 41, Nays 
none 



The Topeka Movement. 



211 



Yeas Mess. Arthur Abbott Blood Beyer Brown Bowen Barry Curtiss 
Cannon Crosby Cody Dickey Edsaul Frost Hartwell Hutchinson Hornsby 
Higgins Hicks Jameson Jones Landers Mewhinney McClure McGee Orr. 
Pennock Purdam Reese Saunders Shores Stephens Sparks Tuton Tabor 
Toothman Todd Williams Walker Zimmerman 41 

Nays none 

House Bill No. 2 was passed 
Yeas 40 nays none. 

Yeas Mess. Arthur Abbott Blood Beyer Brown Bowen Barry Curtiss 
Cannon Crosby Cody. Dickey Edsaul Frost Hartwell Hutchinson Hornsby 
Higgins Hicks Jameson Jones Landers Mewhinney Marshall McClure 
McGee Orr. Pennock Purdam Reese Saunders Shores Stephens Sparks 
Tuton Tabor Toothman Williams Walker Zimmerman 40 

Nays none 

On motion the Clerk was directed to report the passage of House Bill 
No. 2, asking the concurrence of the Senate 

Message from the Senate 

Mr. Speaker I have the honor to present the following extracts from 
the journal of the Senate The minority of the committee on the part of 
the Senate to nominate suitable persons to act as commissioners to revise 
reform simplify and abridge the rules of practice pleadings forms and pro- 
ceedings of the Courts of records of this State Report the following names 
J. K. Goodin Josiah Miller 

Geo. W. Smith M. J. Parrott 

C. L. Crane G. B. Round 

which report was adopted 

On motion of Mr. Hutchinson the message was laid upon the table 

On motion of the same gentleman House Bill No. was read by its 

title 

On motion of Mr. Curtiss the bill was recommitted 
Mr Edsaul offered the following resolution 

Resolved that Mrs Chapman be admitted to a seat within the bar of this 
House as reporter for the Kansas Intelligencer her husbands paper, published 
at Kansasopolis, Ks. 

Yeas and nays being ordered resulted Yeas 37 Nays 4 as follows 

Yeas Mess. Arthur Abbott Blood Brown Jr. Bowen Barry Curtiss 
Crosby Cody Dickey Edsall Frost Hartwell Hornsby Higgins Hicks Jame- 
son Jones Landers Marshall McClure McGhee Orr. Pennock Purdam 
Saunders Stephens Sparks Tuton Tabor Toothman Todd Williams Walker 
Zimmerman Speaker 37 

Nays Cannon Hutchinson Mewhinney Reese 4 

So the resolution was carried 

The committee appointed to report names for commissioners to revise 
the practice &c. reported as follows 

M. J. Parrott E. M. Thurston 

Edward Clark C. L. Crane 

• G. W. Smith C. A. Foster 

Mess Hutchinson Brown and Zimmerman House Committee Mess Allen 
and Adams Senate Com'e 

On motion of Mr. Walker the report was received. Yeas and nays being 
ordered resulted Yeas 26 nays 12. 



212 



Kansas State Historical Society. 



Yeas, Mess. Arthur Abbott Blood Beyer Brown Jr. Bowen Barry Curtiss 
Cannon Crosby Hartwell Hornsby Higgins Landers Mewhinney Marshall 
McClure Orr Reese Saunders Tuton. Tabor Toothman Todd Williams 
Walker 26 

Nays, Cody Dickey Edsaul Frost Hicks Jameson Jones McGhee 
Pennock Purdam Stephens Sparks 12 

Mr. Frost then moved that the report be indefinitely postponed Yeas 
and Nays being ordered, resulted Yeas 17, nays 22, as follows. 

Yeas, Mess Arthur Cannon Cody Dickey Edsall Frost Hicks Landers 
Marshall McGhee Orr Pennock Purdam Shores Stephens Sparks Tuton 17 

Nays Mess Abbott Blood Beyer Brown Jr. Bowen Barry Curtiss Crosby 
Hartwell Hutchinson Hornsby Higgins Jameson Mewhinney McClure 
Reese Saunders Tabor Toothman Todd Williams Walker, 22. 

Mr. Frost moved that the names be stricken out and the following names 
inserted 

J. K. Goodin G. W. Smith 

Josiah Miller E. M. Thurston 

M. J. Parrott C. L. Crane 

Mr. Tuton moved an amendment to strike out the name of E. M. Thurs- 
ton and insert that of Edward Clark. 

Motion to amend was withdrawn 

Mr. Brown moved to amend by striking out the name of C. L. Crane and 
insert C. A. Foster 
Motion lost 

Mr. Edsall called for the previous question 
Yeas and nays being ordered resulted Yeas 24 nays 17 
Yeas Mess Arthur Beyer Brown Cannon Crosby Cody Dickey Edsall 
Frost Hicks Jameson Jones Landers Marshall McGhee Pennock Purdam 
Reese Shore Stephens Sparks Tuton Walker Zimmerman 24 

Nays Mess Abbott Blood Brown Jr. Barry Curtiss Hartwell Hutch- 
inson Hornsby Higgins Mewhinney McClure Orr. Saunders Tabor Tooth- 
man Todd Williams 17. 

Mr Hartwell presented the following memorial from ladies of Topeka, 
as follows 

To the Speaker members and officers oj pie House of Representatives 

Gentlemen You are most respectfully requested to attend a social 
party to be given by the Ladies of Topeka this evening at Constitution 
Hall 

March 11th 1856 Respectfully 

The Ladies of Topeka 
On motion the House adjourned until 2 o'clock P. M. 

2 O'clock P. M. 

Roll called and a quorum answered to their names 

A message from the Governor, was received from the hands of his Private 
Secretary Edward Clark and read. 

To the Senate and House of Representatives 

Gentleman In accordance with the provisions of the Constitution I 
have this day appointed G. A. Cutler Auditor of State to fill the vacancy 
occasioned by the resignation of James M. Winchell late Auditor 

signed C. Robinson Governor &c. 

Topeka March 11/56 



The Topeka Movement. 



213 



The hour having arrived the Senate and House of Representatives met 
in joint convention for the election of three commissioners to codify the 
practice and simplify the pleadings 

The Convention on motion of Mr. Hutchinson agreed to elect one com- 
missioner at each balloting 

The first ballot resulted as follows 

J. K. Goodin had 42 votes 

M. J. Parrott " 11 " 

G. W. Smith " 2 " 

E. Clark " " " 

Whole number of votes given 57 
Necessary to a choice 29 

J. K. Goodin having received a majority of all the votes given was declared 
duly elected 

Another balloting was then had for the elction of Commissioner with the 
following result 

Josiah Miller had 23 votes 

M. J. Parrott " 19 " 

G. W. Smith " 8 " 

E. M. Thurston " 1 " 

E. Clark " 7 " 

Whole number of votes given 58 
Necessary to a choice 30 

No person having received a majority of all the votes given it was declared 
there had been no election 

Another Balloting was had as follows 

Josiah Miller had 29 votes 

M. J. Parrott " 18 " 

G. W. Smith " 2 " 

E. Clark " 10 " 

Whole number of votes thrown 59 
Necessary to a choice 30 

No persons having received a majority of all the votes given it was declared 
there had been no election 

A Third balloting was had resulting as follows. 

Josiah Miller had 28 votes 

M. J. Parrott " 22 " 

E. Clark " 8 " 

Whole number votes 58 
Necessary to a choice 30 

No person having received a majority of all the votes given it was declared 
there had been no election 

A Fourth Balloting was had with the following result 

Josiah Miller had 31 votes 

M. J. Parrott " 22 " 

E. Clark " 6 " 

Whole number of votes 59 
Necessary to a choice 30 

Josiah Miller having received a majority of all the votes given was declared 
elected as one of the Commissioners 



214 Kansas State Historical Society. 

A Balloting was then had for election of a third commissioner, which 
resulted as follows. 

M. J. Parrott had 21 votes 

E. Clark " 10 " 

G. W. Smith " 28 " 

Whole number of votes 59 
Necessary to a choice 30 

No person having received a majority of all the votes given it was declared 
there had been no election Another balloting was had with the following 
result 

M. J. Parrott had 17 votes 

E. Clark " 11 " 

G. W. Smith " 31 " 

Whole number of votes given 59 • 
Necessary to a choice 30 

George W. Smith having received a majority of all the votes given was 
declared duly elected as Commissioner. The business for which the Con- 
vention had convened having been finished the President declared it ad- 
journed sine-die 

House came to order 

Mr. Hartwell offered the following resolution 

Resolved by the General Assembly of Kansas that the journal of the 
Constitutional Convention which met at Topeka on the 23d day of October 
A. D. 1855, together with the calls and proclamations of the people and the 
Chairman of the Executive Committee touching the State organization 
ought to be published and that 1.000 copies are hereby ordered to be printed 
in pamphlet form for the use of the General Assembly and the State Officers 

On motion it was laid over for second reading on tomorrow 
Mr. Hutchinson offered the following resolution 

Resolved that the use of this Hall be granted to the ladies of Topeka this 
afternoon and evening resolution adopted 

On motion of Mr. Blood House Bill No. 3, was read by its title and 
ordered to be printed. 

Mr. Williams offered the following resolution 

Resolved That the Secretary of State be authorized to solicit publications 
copies of digests codes reports of Supreme courts &c &c from authorities 
of other States of the Union to form the nucleus of a library for the use of 
the General Assembly of the State of Kansas 

Resolved That he be authorized to take possession of all books which 
may have been donated heretofore for that purpose Adopted 

Mr. Brown offered the following resolution 

Resolved that we reconsider the vote on resolution adopted yesterday 
fixing the time of meeting of this House after recess, to the 4th day of July 
next during the pending of which on motion of Mr. Dickey 

The House Adjourned 

J. K. Goodin Ch'f Clk H. Rep. 



The Topeka Movement. 



215 



House of Representatives 

Wednesday March 12, 1856 

House met pursuant to adjournment 
The Chaplain being absent prayer was dispensed with 
Roll called and a quorum answered to their names Minutes read amend- 
ed and approved 

Mr. Hutchinson Chairman of the Select committee to assign the Gover- 
nor's message reported as follows 

" Your Committee to whom was referred the assigning of the mes- 
age of the Governor beg leave to report as follows 

Resolved That so much of the Governors message as relates to registra- 
tion of electors returns of election and election of officers be referred to 
the committee on elections 

So much as relates to the publication of laws to the committee on Printing 
So much as relates to taking the census, Surveyor General State Geo- 
logist number of Senators and Representatives and apportionment to the 
Committee on Ways and Means 

So much as relates to Salaries of Officers to the Committee on Accounts 
So much as relates to a Superintendent of Common Schools, School 
fund — University Normals and Education to be referred to the committee 
on Education 

So much as relates to the duties of Clerk and Reporter of Supreme Court, 
Publication of decisions of Supreme Court, Special Legislation enforcement 
of the 6th section of the Bill of Rights Judicial Districts and jurisdiction 
of Courts and securing the separate property and custody of children to 
the wife, to the Committee on Judiciary 

So much as relates to State Asylums for blind &c, Houses for Juvenile 
offenders and State General Hospital &c to the Committee on Public In- 
stitutions 

So much as relates to Banks and Banking to Committee on Corporations 
and Banking 

So much as relates to finance and taxation to the Committee on Finance 
and taxation 

So much as relates to Counties, County Town and City Officers to the 
Committee on Counties and County Lines 

So much as relates to the sale and Use of Intoxicating Drinks to the 
committee on vice and Immorality 

So much as relates to Bureau of Statistics and encouragement of Agri- 
culture to the Committee on Agriculture 

So much as relates to State Lands to the Committee on State Lands 

So much as relates to apportionment to the Committee on apportion- 
ment 

On motion of Mr. McClure the report was accepted and on motion of 
Mr. Hartwell was adopted 

Mr. Edsall made the following motion which was carried 

"That there be added to the Committee on New Counties and County 
Lines a sufficient number of members so that each each Senatorial District 
may be represented and that the additional members be selected from the 
districts not now represented in Said Committee 

The resolution offered yesterday by Mr. Brown relative to the taking 
of a recess until the 4th day of July next being in order was taken up 

Mr. McClure moved to strike out "4th day of July" and insert "1st 
day of September" 

Mr. Orr, moved further to amend by adding after the word "September" 
the words "at 12 o'clock M." 

On motion of Mr. Blood further consideration of the resolution'was post- 
poned until Saturday next 



216 



Kansas State Historical Society. 



On motion of Mr. Hornsby 

Resolved That C. E. Lenhart be admitted to a seat within the bar as 
reporter for the Kansas State Journal 

Joint resolution relative to publication of records of the Executive Com- 
mittee was in usual order read a second time and amended on motion of Mr 
Hartwell by striking out the words "ought to" House then adjourned 
until 2 o'clock P. M. 

2 O'CLOCK P. M. 

House met pursuant to adjournment 
Roll called and a quorum answered to their names 
Message from the Senate 
Mr. Speaker I have the honor to present the following abstract from 
the Senate Journal asking the concurrence of your body therein 

Resolved The House concurring that the Senate will go into joint session 
this afternoon for the purpose of administering the oath of office to the 
Auditor of State 

A. Allen Sec. Senate 

On motion of Mr. Tuton the House concurred in the resolution 

The hour having arrived the Senate appeared and the oath of office was 

by the President of the Senate administered to George A. Cutler Auditor 

of State 

The business for which the joint session had met being finished the con- 
vention was on motion of Mr. Allen adjourned sine die 

On motion of Mr. Hartwell Resolved That the rules be suspended in 
order that the joint resolution relative to the publication of the Journal of 
the Constitutional Convention and other documents may pass to a third 
reading 

Yeas and Nays were taken and resulted Yeas 39 Nays 1, as follows 
Yeas Mess. Arthur Abbott Blood Beyer Brown Bowen Barry Curtiss 
Cannon Crosby Cody Edsall, Frost Hartwell Hutchinson Hornsby Higgins 
Jameson Jones Landers Marshall McClure Murphy McGhee Orr Pennock 
Purdam Saunders Simmerwell Shores Stephens Sparks Tuton Tabor Tooth- 
man Todd Williams Walker and Zimmerman 39 
Nays, Mr Reese 1. 

On the adoption of the resolution the Yeas and Nays were ordered and 
resulted Yeas 43 Nays none 

Yeas Mess. Arthur Abbott, Blood, Beyer Brown Bowen Barry Curtiss 
Cannon Crosby Edsall Frost Ferby Hartwell Hutchinson Hornsby Higgins 
Jameson Jones Landers Marshall McClure Murphy McGee Orr Pennock 
Purdam Reese Saunders Simmerwell Shores Stephens Sparks Tuton Tabor 
Toothman Todd Wade Williams Walker and Zimmerman 43 

Nays none 

On motion of Mr. Hutchinson the Clerk was ordered to commiuncate 
to the Senate the passage of the joint resolution 

On motion of Mr. Orr the vote taken upon the resolution of Mr. Edsall 
relative to placing additional members on Committee on New Counties 
and County Lines was reconsidered 

On motion of Mr. Hutchinson a special committee of one from each Sen- 



The Topeka Movement. 



217 



atorial district not represented on Committee on new counties and County 
Lines the motion was withdrawn 

House Bill No 3 entitled an act to incorporate the inhabitants of the 
City of Lawrence was on motion of Mr. Hutchinson was passed to a third 
reading Yeas 41 Nays none as follows. 

Yeas Arthur Abbott Blood Beyer Brown Bowen Barry Curtiss Cannon 
Crosby Cody Dickey Edsall Frost Hartwell Hutchinson Higgins Jameson 
Jones Landers Marshall McClure Murphy McGhee Orr Pennock Purdam 
Reese Saunders Shores Simmerwell Stephens Sparks Tuton Tabor Toothman 
Todd Williams Walker Zimmerman 41. 

Nays none 

The Bill was then adopted on being read by its title 

On motion of Mr. Hutchinson the Clerk was notified to inform the Senate 
asking their concurrence. 

Mr. Frost of the Committee on Examination of Books and papers of 
Executive committee reported progress and asked leave to sit again 

Leave was granted 

Mr. Williams offered the'following resolution 

Resolved That the 42d rule of the "House Rules" be amended by adding 
after the words "five members each" excepting the Committee on Counties 
and County Lines which shall consist of one member from each Senatorial 
District After considerable discussion Mr. Tuton moved to lay the whole 
thing on the table motion carried 

On motion of Mr. Hutchinson House adjourned until tomorrow morning 
at 10 o'clock 

J. K. Goodin Chf Clk H. Rep. 

House of Representatives 

Thursday March 13. 1856 

House met pursuant to adjournment 

Roll called, a quorum answered to their names 

Journal of yesterday read amended and approved Mr. Brown presented 
a memorial from 90 ladies of Lawrence praying the passage of Stringent 
prohibitory laws, in relation to the sale and use of intoxicating liquors as 
follows 

To the Honorable the Senate and House of Representatives of the State of Kansas 
The undersigned your memorialists citizens of Kansas and the wives and 
daughters of your constituents beg leave respectfully to present to your 
honourable body that in the opinion of your memorialists the public interest 
requires that suitable laws be immediately passed to prevent the manufac- 
ture and importation for sale or use as a beverage within the State of Kansas 
of any distilled or malt liquors. 

It is not necessary for us in view of your own observations and the United 
testimony of all experience to enter into a minute discussion of the evils 
resulting to all classes of society from the use of intoxicating drinks as a 
beverage Ever since its first manufacture it has been the aim of legislators 
to pass restraining laws to prevent its abuse and each year and each year 
in the older the older States of the union new enactments have been found 
necessary until the Statute books have become literally loaded down with 
provisions on this subject It was not until within a few years that the true 
method was devised for its eradication and then those imaginary rights long 
established and entrenched behind the bulwarks of law and even of State 
constitutions were found in the way of an effectual remedy not so in Kansas 
Every thing is new and those privileges acquired by law and long established 



218 Kansas State Historical Society. 

customs do not exist no one can point to the precedent of several generations 
to sustain him in doing that which he frankly admits to be a wrong upon 
society 

Here in Kansas we are laying the foundations of a new Society and you 
as the first law making power recognized by the people should examine with 
the greatest circumspection the evils existing in the older States and by wise 
and judicious enactments protect the moral and social interests of the com- 
munity 

You will not think to pass by enacting stringent laws for the sale of lot- 
tery tickets the selling of unwholesome food the adulterating of flour &c 
how then can you fail to give attention to a subject which impoverishes a 
whole nation brings wretchedness and misery in its train fills the land with 
mourning and sends the widows wail and orphans sob to heaven for relief 

In view of the plastic material which you have the power to mould into 
form and clothe with lineaments and breath and in view of the great suf- 
fering entailed upon us as females of the State who are unable by pursuasion 
and kindness to influence those we love in the channels which lead to tem- 
perance prosperity and happiness and in view of their oft repeated declara- 
tions that if the destroyer could be removed from their sight and reach they 
would abstain from its use we therefore urgently but respectfully pray you 
to take our memorial into consideration and enact such laws in consonance 
with its spirit which your wisdom may suggest 

(signed) Mary Ann M. Mandell 

and 89 others of the Ladies of 
Lawrence. 

Referred to Committee on vice and Immorality 

Committee on Militia reported back House Bill No. 4, with amendments 

On motion of Mr. Hutchinson the bill was laid upon the table and or- 
dered to be printed 

The Special committee appointed to examine the books papers &c. of 
the Executive Committee submitted a report, which was received and re- 
ferred to the Select committee 

The Special committee to report resolutions on the death of Thomas W 
Barber reported as following 

The Special committee to whom was referred the resolutions respecting 
the death of Thomas W. Barber beg leave to report as follows 

Whereas Thomas W. Barber one of our most excellent and unoffending 
citizens was on the 6th day of December last brutally and cowardly murdered 
while peaceably and unarmed returning to his home from the city of Law- 
rence and Whereas we have reason to believe on good evidence that the 
murderer is an accredited agent an appointee of the President of the United 
States — is not only unapprehended by the Territorial authorities but is 
retained in office by the General Governmant 

Therefore Resolved, That the President of the United States by con- 
tinueing in office the murderer of the lamented Barber is hereby tacitly 
endorsing the criminal and is lending the weight of official influence in favour 
of those who not only contemn and despise order but who are destitute of 
even that small share of magnanimity and honor which is common to the 
assassin and highwayman 

Resolved That in the exhibition of cowardly baseness shown in the 
murder of Mr. Barber there is presented the true spirit which has character- 
ized the acts of the opponents of freedom in Kansas from its early settle- 
ment to the present time and add another proof that Slavery acknowledges 
no rights and shows no humanity when these stand in the path of its pro- 
gress Resolved That in the death of Mr. Barber his family have lost an 
affectionate member and support society an efficient promotor of its welfare 
and the State of Kansas a citizen whose patriotic virtues have embalmed 
his memory in the hearts of its people 

Resolved That a suitable monument be erected to the memory of the 



The Topeka Movement. 219 

deceased and that the people be invited to contribute liberally of their means 
for this purpose 

Resolved that a copy of these resolutions be sent to the several newspapers 
of this State with a request that they be published and that a copy be for- 
warded to the widow of the deceased. 

On motion the report was received and adopted. 

Mr. Frost Chairman of the special committee on salaries of officers of the 
House reported as follows 

The committee on Salaries of officers of this House beg leave to present 
the following 

That the Speaker shall receive 8 $ pr day 

" " Chief Clerk " 6 $ 

" Asst. Clerk " 4 $ 

" " Transcribing and Assistant Transcribing 

Clerk shall receive 4 $ 

" " Sergeant at Arms and Assistant Sergeant 

at Arms shall receive 4 $ 

" " Door Keeper and Assistant Door Keeper 

shall receive 4 $ 

That the messinger and assistant messinger shall re- 
ceive 1 $ pr day 
That the Chaplain shall receive 3 $ pr day 
We recommend a special appropriation for the Chief Clerk, for the first 
session as his labours have been and will be more arduous during the first 
session of the General Assembly possibly than at any future session 

Respectfully submitted 

W. R. Frost Chairman 

Message from the Senate 

Mr. Speaker I have the honor to inform that the Senate have passed 
the following resolution and do respectfully ask the House of Representatives 
to concur therein 

Resolved, The House concurring that the State Printer be authorized to 
publish fifteen thousand copies of the Constitution of the State of Kansas, 
The report of the Executive committee, The Journal of the Senate and 
House of Representatives to be bound in pamphlet form together with the 
Governor's messages 

March 12. 1856. Attest A. Allen Sec. Senate 

Mr. Tuton moved a reference of the resolution to the committee on 
printing Motion lost. Mr. Walker moved the House concur — lost Mr. 
Hutchinson moved an amendment to strike out "15" and insert 5. — carried 
The resolution as amended was adopted on motion of Mr. Toothman 
On motion of Mr. Marshall the clerk was instructed to inform the Senate 
of the action of the House 

Message from the Senate 

Mr. Speaker I have the honor to inform that the Senate have agreed 
to non-concur in the amendments of the House to Senate resolution relative 
to the appointment of a committee to codify the laws for the State of Kansas 

Attest A. Allen Clerk Senate 

On motion of Mr. Hutchinson the resolution was laid upon the table 

Message from the Senate 

Mr. Speaker I have the honor to inform that the following joint 
resolution has passed the Senate and they would respectfully ask the con- 
currence of the House therewith 



220 



Kansas State Historical Society. 



Resolved That no new business be taken up after today the 13th instant 
and that we take a recess on Saturday the 15th inst to meet on the 4th day 
of July next at 12 o'clock M. 

attest A. Allen Clerk Senate 

Mr. McClure moved to lay the resolution on the table — motion lost. 

A second reading was called for, also a third reading, on motion of Mr. 
Walker the House concurred in the resolution 

Mr. Dickey moved a reconsideration of the vote passed yesterday on 
resolution postponeing the time of adjournment motion carried 

Mr. Walker moved a suspension of the rules that the resolution might 
pass to a second and third reading. 

Yeas and Nays being ordered resulted Yeas 35 Nays 8. as follows: — 

Yeas Mess Arthur Abbott Beyer Bowen Barry Curtiss Cannon Crosby 
Cody Dickey Edsall Hornsby Higgins Jones Landers Mewhinney Murphy 
McGee Orr Pennock Purdam Reese Saunders Shores Simmerwell Sparks 
Tuton Tabor, Toothman Todd Wade Williams & Walker 35 

Nays, Mess. Brown Frost, Hartwell Hutchinson Jameson McClure 
Stephens and Zimmerman 8. 

So the rules were suspended 

The question then was on the final passage of the resolution Yeas and 
nays being ordered resulted Yeas 35 Nays 8, as follows 

Yeas Mess Arthur Abbott Beyer Bowen Barry Curtiss Cannon Crosby 
Cody Dickey Edsall Hornsby Higgins Jones Landers Mewhinney Marshall 
Murphy McGee Orr Pennock Purdam Reese Saunders Simmerwell Shores 
Sparks Tuton Tabor Toothman Todd Wade Williams and Walker 35 

Nays Mess Brown Frost Hartwell Hutchinson Jameson McClure 
Stephens and Zimmerman 8 

So the joint resolution passed 

On motion of Mr. Walker House adjourned until tomorrow morning at 9 
o'clock J. K. Goodin Ch'f CVk H. Rev- 

House of Representatives 

Friday March 14. 1856. 

House met pursuant to adjournment 
Prayer by the Chaplain 

Roll called 41 members answered to their names 
Journal of yesterday read and approved 

Message from the Senate 

Mr. Speaker The Senate have had under consideration House Bill 
No. 1, entitled an act denning certain duties of the Auditor of State and 
authorizing the Governor to employ a messenger and report the following 
amendments 

Relative to the Title 

Relative to the 3d Section 

On motion of Mr. Edsall the House receded from the former amendments 
to resolution for the appointment of a committee to codify the laws, where- 
upon the same gentleman offered the following resolutions 

Joint resolutions concerning the appointment powers and duties of a 
codifying committee 



The Topeka Movement. 



221 



Resolved That a committee of five be appointed by the Senate to act in 
conjunction with a committee of fifteen from the House whose duty it shall 
be to frame and draft a code of laws for the State of Kansas and to report 
the same to the General Assembly on the 4th day of July next or as soon 
thereafter as may be 

Resolved That said committee are hereby instructed to proceed in 
preparing said code of laws during the recess of the first General Assembly 
which commences on the 15th day of March and continues until the fourth 
day of July next A. D. 1856. 

Resolved that said committee be and are hereby authorized to rent such 
rooms and to provide themselves with all papers books stationary furniture 
fuel lights &c. that may be necessary for the convenient prosecution of their 
labors and that all reasonable charges for the [same] shall be audited by the 
State 

Resolved that said committee are hereby authorized to employ one door- 
keeper and all necessary clerks not to exceed eight in number and that the 
same shall be entitled to receive the same per diem that corresponding 
officers of the General Assembly receive 

Resolved That members of said committee shall be entitled to receive 
for their services the sum of 4$ pr day for each and every day actually devoted 
to services on said committee 

Resolved That all reports agreed to by said committee be and are hereby 
ordered to be printed in Bill form and that a file prepared of said reports 
in their numerical order for each member of the General Assembly the 
Governor and heads of departments of this State 

Resolved That said committee shall have power to divide their labour 
into as many distinct branches as the subject may require and that each 
branch may be assigned to sub-committees appointed by the codifying 
committee from among their own number, whose duty it shall be to report, 
in bill form to the codifying committee upon the subject respectively assigned 
to them the said Sub committees shall have power to sit at any place they 
may deem most convenient while engaged in investigating the subject 
respectively assigned to them Mr. Pennock moved that the blank be filled 
by inserting $5 five dollars per day which was lost 

On motion of Mr. Hutchinson (4) four dollars per day was inserted. 
On motion of Mr. Williams the words "Sergeant at Arms" was stricken out 

The 1st. 2d. 3d. 4th. 5th. 6th sections were adopted, a motion by Mr. 
McClure to amend the 4th section by striking 8 and insert 3 was lost 

On motion of Mr. Tuton the 7th Section was amended by adding the 
following "provided there shall always be 11 members at Topeka the seat 
of government. " 

The section as amended was adopted 

The Yeas and Nays being ordered resulted Yeas, 38 Nays 0, as follows, 
Yeas, Mess. Arthur Abbott Brown Bowen Barry Curtiss Cannon 
Crosby Cody Dickey Edsall Frost Hartwell Hutchinson Hornsby Higgins 
Jameson Jones Landers Mewhinney Marshall McClure McGee Pennock 
Purdam Saunders Simmerwell Shores Stephens Sparks Tuton Tabor Tooth- 
man Todd Wade Williams Walker 37 Nays 

The Chair appointed the following gentlemen on said committee 
Mess Hutchinson Hornsby Pennock Frost Tuton Edsall Jameson Zim- 
merman McClure Hartwell Curtiss Dickey Blood Brown and Arthur 
On motion of Mr. Brown the following resolution was adopted 

Resolved that Mr. E. B. Whitman who now engaged in preparing a 
practical map of this State for the settlers and emigrants be permitted to 
avail himself of the information to be obtained by Mr. A. D. Searl at the 
Land office for the use of the committee on new counties and county lines 



222 



Kansas State Historical Society. 



Mr. Stephens called up House Bill No. 4. on militia On motion of Mr. 
Pur dam, further consideration of the bill was postponed until the 10th day 
of July next 

Mr. Hutchinson called up Senate bill No. 2. establishing the salaries of 
State officers and officers of the General Assembly and on motion of the same 
gentleman the House went into the committee of the whole to consider it 

Sec. 1st. Salary of the Governor. Mr. McGhee moved to strike out 
3000 (three thousand) and insert 1500 (fifteen hundred) 

Mr. Walker moved to strike out 3000 (three thousand) and insert 1000 
(one thousand) motion lost. 

Mr. Gee's amendment was adopted 

Sec. 2. Salary of Sec of State on motion of Mr. Walker 1800 (eighteen 
hundred) was striken out and 1000 (one thousand) inserted 

Sec. 3. Auditor of State Mr. Walker moved to strike out 1800 (eighteen 
hundred) was stricken out and insert 900 (nine hundred) was lost 

Mr. Stephens moved to insert 1000. which was adopted 

Sec. 4. State Treasurer On motion of Mr. Hutchinson 1800 (eighteen 
hundred) was stricken out and 1000 (one thousand) inserted in its place 

Sec. 5. Private Secretary to the Governor. Mr. Cannon moved to 
strike out 800 (eight hundred) and insert (400) four hundred was lost. 

On motion of Mr. Hutchinson 500 (five hundred) was inserted 

Sec. 6. Chief Clerk in Secretary of State's office on motion of Mr. 
McGee, 1.200 (twelve hundred) was stricken out and 600 (six hundred) 
inserted 

Sec. 7. The Chief Clerk in Auditors department On motion of Mr. 
Stephens 1200 (twelve hundred) was stricken out and 600 six hundred 
inserted 

Sec. 8. The Clerk of Treas of State. On motion of Mr. Walker 1,200 
(twelve hundred) was stricken out and 600 (six hundred) inserted 

Sec. 9th. Attorney General On motion of Mr. Hutchinson 2000 (two 
(two thousand) was stricken out and 1.000 (one thousand) inserted 

Sec. 10th. Judge of Supreme Court. On motion of Mr. Brown, 2000 
(two thousand) was stricken out and 1000 (one thousand) inserted 

Sec. 11th. Clerk of Supreme Court On motion of Mr. Hutchinson 
$1,500 (fifteen hundred) was stricken out, and the words "fees regulated 
by law" inserted 

Sec. 12th. Reporter of Supreme Court. On motion of Mr. Hornsby 
$1000 was stricken out and the words "rates hereafter established by law" 
inserted 

Sec. 13th. 14th. 15th. and 16th were adopted 

Mr. Abbott moved, to amend Sec. 15th, by striking out $4 pr day and 
insert $5. pr day motion lost 

Sec. 17th on motion of Mr. Abbott was amended by strik'g out $8 
and inserting $6 

Sec. 18. Salary of Chaplain On motion of Mr. Curtiss was amended 
by striking out $1+ and inserting $3 

Sec. 19. Salary of Governor's messenger, on motion of Mr. McGee 
was amended by striking out $400 and inserting $200 

Sec. 20. Sergeant at Arms on motion of Mr. Walker $6 was stricken out 
and $U inserted 



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223 



See's 21. 22 & 23 were adopted 

On motion of Mr. Walker the committee rose and reported the Bill back 
with amendments also a message from the Senate 

On motion of Mr. Hartwell the rules were suspended, and bill passed to 
a second reading Yeas 38 nays none Yeas and nays being ordered resulted 
Yeas 38 nays none as follows 

Yeas Mess Arthur Abbott Beyer Brown Bowen Barry Curtiss Cannon 
Crosby Cody Dickey Edsall Frost Hartwell Hutchinson Hornsby Hig- 
gins Jameson Jones Landers Mewhinney Marshall McClure Murphy McGee 
Orr, Pennock, Purdam Saunders Simmerwell Shores Sparks Tabor Toothman 
Todd Williams Walker and Zimmerman 

On its final passage Yeas and Nays being ordered resulted Yeas 32 Nays 
5, as follows. 

Yeas Mess. Arthur Brown Bowen Curtiss Cannon Crosby Cody Dickey 
Edsall Frost Hartwell Hutchinson Higgins Jameson Jones Landers Me- 
whinney McClure McGee, Orr Pennock Purdam Saunders Simmerwell Shores 
Stephens Sparks. Tabor. Tood Williams and Walker 32 

Nays Mess. Abbott Beyer Barry Toothman and Zimmerman 5. 

So the bill passed 

The bill was then read by its title and adopted Mr. Tabor offered the 
following resolution which was decided out of order 

Resolved That we request the condifying committee to take into con- 
sideration the importance of a law prohibiting Hogs from running at large 
in the State of Kansas. 

The following message was received from the Senate 

March 14th. 1856 

Mr. Speaker. I have the honor to inform that the Senate have past 
following concurrent resolution 

^{Resolved The House of Representatives concurring that the treasurer 
of the Executive Committee report to the legislature at as early a period 
as possible the amount of certificates of indebtedness by him countersigned 
The amount of such certificates if any yet remaining in his hands and such 
other information as he may be in possession of in relation to this subject 

A. Allen Chief Clerk Senate 

Resolution was concurred in by the House 
The following message was received from the Senate 
Message from the Senate 

March 14. 1856. 

Mr. Speaker I have the honor to inform that the Senate have passed 
the following joint resolution and would respectfully ask the house to concur 
therein 

Joint Resolution, Rleative to fixing the compensation of the com- 
missioners to codify the practice &c. 

Resolved By the Senate, the House of Representatives concurring that 
the commissioners to codify the practice pleadings &c. be allowed the sum 
of six ($6-) pr day for each day actually employed and that they be instructed 
to employ such number of Clerks as they may deem requisite and that the 
necessary expenses for office rent fuel lights stationary postage &c be allowed 
them during the time they are actually employed in the business of their 
office 

A. Allen Chief Clerk Senate 



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Kansas State Historical Society. 



Mr. Zimmerman moved to insert not more than three Clerks motion 
lost. 

Mr. Toothman moved to lay the message on the table motion lost 
A motion to adjourn was lost. 

On motion of Mr. Tuton the resolution was amended by striking out 6. 
and inserting 4. 

Mr. Zimmerman moved to further amend by inserting not more than 
three Clerks each to receive the same compensation allowed the Clerks of the 
codifying committee pending which the house adjourned until 2 o'clock 
P. M. 

2 O'clock P. M. 

Met pursuant to adjournment 33 members present. Mr. Zimmermans 
amendment first in order 

On motion of Mr. Frost it was amended so as to read "the clerks to receive 
$b — per day" 

On motion of Mr. McClure the word instructed was stricken out, and the 
word authorized inserted The resolution as amended was adopted 

House bill No. 1, denning certain duties of the Auditor of State was then 
taken up. Yeas and nays being ordered resulted Yeas 35 nays as follows 

Yeas Mess Abbott Arthur Beyer Brown Bowen Barry Cannon Crosby 
Cody Dickey Edsall Frost, Hartwell Hornsby Hutchinson Jameson Jones 
Landers Mewhinney McClure Murphy McGhee Purdam Saunders Shores 
Stephens Sparks Tuton Tabor Toothman Todd Wade Williams Walker 
and Zimmerman 35 

Nays none, so the bill was passed 

The bill was then read by its title and adopted 

The following message was received from the Senate 

Message from the Senate 

Mr. Speaker I have the honor to inform that the Senate have passed 
the following joint resolution and a concurrent resolution and respectfully 
ask the House of Representatives to concur therewith 

Resolved The House concurring that the committee to codify the laws 
during the recess of the Legislature shall be allowed the sum of six (6) dollars 
pr day for each days actual employment and they be instructed to employ 
such number of clerks as they may deem requisite — that the necessary 
expenses for fuel lights stationary postage be allowed them during the time 
they are actually employed 

March 13th, 1856. Attest A. Allen Clk Senate 

On motion of Mr. Edsall it was laid on the table 

The following joint resolution was received from the Senate and con- 
curred in 

Resolved The House concurring that the Secretary of State be requested 
to solicit donations of books records and documents relative to laws &c. 
from the various States and from the General Government for the use of 
the department of State and the Legislature of Kansas 

March 13, 1856 Attest A. Allen Sec of Senate 

On motion of Mr. Hutchinson the vote was reconsidered 
On motion of Mr. Hartwell the resolution was laid on the table 
The following message from the Senate was read and on motion of Mr. 
Edsall laid upon the table 



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225 



March 14th, 1856 

Mr. Speaker I have the honor to inform, that the following resolution 
has passed the Senate and they would respectfully ask the House to concur 
therein 

Joint resolution relative to fixing the compensation of the committee to 
codify laws &c. 

Resolved, By the Senate the House of Representatives concurring that 
the committee to codify the laws during the recess of the Legislature shall 
be allowed the sum of ($5) five dollars pr day for each day actually employed 
and that they be instructed to employ such number of clerks as they may 
deem requisite That the necessary expenses for fuel lights stationary and 
postage be allowed them during the time they are actually employed 

A. Allen Chf. Clerk Senate 

The following messages from the Senate were concurred in. 

Message from the Senate 

March 14, 1856 

Mr. Speaker I have the honor to inform that the Senate have passed 
the following resolutions and do respectfully ask the House to concur there- 
with 

Resolved The House concurring that the Secretary of State shall be 
directed to procure three certified copies of the Constitution of the State of 
Kansas one of which shall be deposited in his office one delivered to J. H. 
Lane and the other one forwarded to A. H. Reeder Senators elect for the 
State of Kansas 

A. Allen Chief Clerk of Senate 
Message from the Senate 

March 14, 1856 

Mr. Speaker I have the honor to inform that the Senate have passed 
the following concurrent resolution and respectfully ask that the House shall 
concur therewith 

Resolved That the House concurring the Secretary of the Senate and 
Clerk of the House be authorized to complete such unfinished business — 
at the same per diem — as they may have on hand when the Assembly ad- 
journs to meet on the 4th day of July after such recess. 

A. Allen Chief Clerk Senate 

On motion of Mr. Hutchinson the House resolved to non-concur in joint 
resolution relative to the appointment of a codifying committee and a com- 
mittee of conference was appointed 

The Speaker announced Mess. Hutchinson Frost and Pennock as said 
committee 

Mr. Tuton offered the following joint resolution 

Resolved by the General Assembly of the State of Kansas that all state and 
judicial officers whose salaries may have been fixed by law shall not receive 
their salaries until such time as they actively enter upon the discharge of 
their several offices 

On motion of Mr. Hartwell to suspend the rules the yeas and nays being 
ordered resulted as follows Yeas 6 Nays 29 

Yeas Mess Bowen Cannon Dickey Hartwell McGee and Tuton 6. 

Nays Mess Arthur Abbott Beyer Brown Barry Crosby Edsall Frost. 
Hutchinson Hornsby Jameson Jones Mewhinney Marshall McClure Pen- 
nock Purdam Saunders Simmerwell Shores Stephens Sparks Tabor Tooth- 
man Todd, Wade, Williams Walker and Zimmerman 29 

So the motion was lost. 

House bill No. 2. entitled an act providing for the payment of certificates 
—15 



226 



Kansas State Historical Society. 



of indebtedness issued by the Executive Committee of Kansas came upon 
its final passage. 

Yeas and Nays being ordered resulted Yeas 35 Nays as follows. 

Yeas Mess Arthur Abbott Beyer Bowen Brown Barry Cannon Dickey 
Edsall Frost Hartwell Hutchinson Hornsby Jameson Jones Landers Me- 
whinney Marshall McClure Murphy McGee Pennock Purdam Saunders 
Simmerwell Stephens Sparks Tabor Toothman Todd Wade Williams Walker 
and Zimmerman 35. 

Nays. 

So the bill was passed. 

The bill was read by its title and on motion of Mr. Tuton amended by 
adding the word "Territory" and adopted. 

Senate bill No 5 entitled an act for the encouragement of agriculture in 
the State of Kansas was read and on motion of Mr. Edsall was laid upon the 
table and ordered to be printed 

Senate bill No. 7, entitled an act denning the duties of the State Printer 
was read and on motion of Mr. McClure referred to the committee on Print- 
ing Senate Bill No 8, entitled an act establishing the price of public printing 
was on motion of Mr. Brown referred to Committee on printing with in- 
structions to report tomorrow — On motion of Mr. Saunders the House 
took a recess for 15 minutes . 

Mr. Frost offered the following resolution which was adopted 

Resolved That the first Clerk be allowed two dollars pr day in addition 
to his fixed per diem for services rendered this session. 

On motion of Mr. Hutchinson House adjourned until 7}4 o'clock this 
evening 

7% o'clock P. M. 
Your committee appointed to confer with a committee of the Senate on 
the joint resolution considering the appointment powers and duties of a 
codifying committee have agreed to and beg leave to submit the following 
report 

Resolved 1st. That a committee of five be appointed from the Senate to 
act in conjunction with a committee of fifteen from the House whose duty it 
shall be to frame and draft a code of laws for the State of Kansas and report 
the same to the General Assembly on the 4th day of July 1856. or as soon 
thereafter as may be 

Resolved 2d, That said Committee is hereby instructed to proceed in 
preparing said code of laws during the recess of the first General Assembly 
which commenced on the 15th day of March and continues until the 4th day 
of July A. D. 1856. 

Resolved 3d That said Committee be and are hereby authorized to rent 
such rooms and to provide themselves with all papers books stationary fuel 
lights &c. that may be necessary for the convenient prosecution of their 
labors and that all reasonable charges for the same shall be audited by the 
Auditor of State 

Resolved Uh That said committee are hereby authorized to employ one 
Sergeant at Arms and all clerks not to exceed eight in number and the same 
shall be entitled to receive $5, — for every day actually devoted to services 
on said committee 

Resolved 5th, That the members of said committee shall be entitled to 
receive for their services the sum of 5$ — for every day actually devoted to 
services on said committee 

Resolved 6th. That all reports agreed to by said committee be and are 
hereby ordered to be printed in bill form and that a file be prepared of said 



The Topeka Movement. 



227 



reports in their numerical order for each member of the General Assembly 
the Governor and heads of departments of state and fifty additional copies 
for the use of the committee 

Resolved 7th. That the meetings of said codifying committee shall be 
holden at Topeka the temporary seat of Government 

W. R. Frost, Chairman 

The report was accepted and adopted 
Senate bill No. 6, was passed 

Yeas and Nays as follows Yeas 38 Nays 0. on suspending the rules — 
as follows. 

Yeas Mess Arthur Abbott Blood Brown Bowen Barry Curtiss Cannon 
Crosby Cody Dickey Edsall Frost Hartwell Hutchinson Hornsby Higgins 
Jameson Jones Landers Mewhinney Marshall McClure Murphy McGee 
Orr, Pennock Purdam Saunders Simmerwell Shores Sparks Tabor Tuton 
Todd Wade Williams Walker and Zimmerman 38 

Nays 0. 

So the rules were suspended 

On the passage of the bill Yeas and Nays being ordered, resulted Yeas 36 
Nays 

Yeas Mess Arthur Abbott Beyer Brown Bowen Barry Curtiss Cannon 
Crosby Cody Dickey Edsall Frost Hartwell Hutchinson Hornsby Jameson 
Jones Landers Mewhinney Marshall Murphy McClure McGee, Orr Pennock 
Purdam Saunders Simmerwell Shores Sparks Tabor Todd Tuton Wade Wil- 
liams Walker Zimmerman and Speaker, 36. 

So the Bill passed 

The bill was then read by its title and adopted. 

Mr. Tuton Chairman of committee to prepare a memorial to the Presi- 
dent of the United States made the following report 

See page [not incorporated in the Journal] 

On motion of Mr. McClure, the report was accepted 

Mr. Zimmerman presented a report on Ex. Com'e which was withdrawn 

On motion of Mr. Frost adjourned until tomorrow morning 9 o'clock. 

J. K. Goodin Ch'f Cl'k H. Rep. 

House of Representatives 

Saturday March 15, 1856 
House met pursuant to adjournment the Speaker in the Chair. 
Prayer by the Chaplain 

Journal of yesterday read amended and approved 

Mr. Frost Chairman of committee on printing reported back Senate bill 
No. 8, as follows. 

Your committee to whom was referred Senate bill No. 8, report the same 
back to the House with sundry ammendments and reccommend its passage. 

Sec. i. Strike out the words "one dollar and fifty cents" and insert the 
words "one dollar" In the 4th line of said Sec. Strike out the words "Two 
dollars" and insert the words "One dollar and fifty cents 

also the addition of a section as follows 

Sec. 2. This bill may be repealed by this or any subsequent Legislature 

W._R. Frost, Chairman 

The report was accepted 



228: 



Kansas State Historical Society. 



Message from the Senate 

Mr. Speaker I have the honor to inform that the Senate have agreed 
to nonconcur in the House amendments to Senate bill No. 2, regulating the 
salaries of State officers &c. and ask a committee of conference 

Senate Committee 

Updegraff 

Harding 

Adams 

March 15th, 1856 A. Allen Sec. Senate 

Mess Edsall Orr and Todd were appointed as the committee to confer 

with the Senate committee 

On motion of Mr. Beyer the committee were granted leave of absence 
On motion of Mr. Stephens the rules were suspended that the bill might 

be read a third time Yeas and Nays being ordered resulted Yeas 35 Nays 

as follows 

Yeas Mess. Abbott Arthur Beyer Brown Bowen Barry Curtiss Cannon 
Crosby Cody Dickey Frost Hartwell Hornsby Jameson Jones Landers Me- 
whinney Marshall Murphy McGee Pennock Purdam Reese Saunders Sim- 
merwell Shores Stephens Sparks Tuton Tabor Toothman Wade Williams 
and Zimmerman 35. 

On motion of Mr. Brown the House went into committee of the whole 
to consider the bill Mr. Beyer in the chair 

On motion of Mr. Stephens the following amendment was adopted 

"This act shall take effect from and after its passage 

Mr. Hartwell moved to strike out the amendment, reported by the com- 
mittee adding the 2d. section carried 

On motion of Mr. Williams the committee rose and reported the bill back 
with amendments 

On motion of Mr. Tabor, the House concurred in the amendments 

The bill was then read and passed as follows. Yeas 35 Nays 0, as follows 

Yeas Mess Arthur Abbott Beyer Brown Bowen Barry Curtiss Cannon 
Crosby Cody Dickey Frost, Hartwell Hutchinson Hornsby Jameson Jones 
Landers Marshall McClure Murphy McGee Pennock Purdam Reese Saun- 
ders Simmerwell Shores Sparks Tuton Tabor Toothman Williams Walker 
Zimmerman 35. 

The bill was then read by its title and adopted 

Senate bill No. 3. was then taken up, and on motion was laid on the table 

Mr. Hutchinson Chairman of committee to prepare a memorial to Con- 
gress made a report which on motion of Mr. Tuton was accepted on motion 
of the same gentleman the rules were suspended to pass the memorial to a 
second reading Yeas, and Nays on suspending the rules being ordered 
resulted Yeas 36, Nays 0. 

Those voting in the affirmative are Mess Arthur Abbott Beyer Brown 
Bowen Barry Curtiss Cannon Crosby Cody Dickey Frost Hartwell Horns- 
by Jameson, Jones Landers Mewhinney Marshall Murphy McGee Pennock 
Purdam Reese Saunders Simmerwell Shores Stephens Sparks Tuton Tabor 
Toothman Wade Williams Zimmerman 35 

On motion of Mr. Curtiss House went into committee of the whole to- 
consider the memorial to congress 

Mr. Tuton in the Chair 



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229 



On motion of Mr. Saunders the Committee rose and reported back the 
memorial without amendments 

The following message was received from the Senate and read. 

Mr. Speaker I have the honor to inform you that the Senate have 
adopted the report of the committee on conference — for codify the laws. 

On motion of the report of the committee of the whole was adopted 

Mr. McClure offered the following resolution 

Resolved By the House the Senate concurring that two copies of the 
memorial to Congress and the President be prepared, one copy of each to 
be given to J. H. Lane the other to be forwarded to A. H. Reeder, by the 
Sec'y of State 

Mr. HOrnsby moved to amend by adding that 500 copies be ordered for 
the use of the House and one copy forwarded to each Governor of the several 
States which amendment was accepted 

Mr. moved to further amend by striking out two and inserting 

3 and after the name of A. H. Reeder the name of Mark W. Delahay which 
was accepted and the resolution as amended was adopted 

The following message was received from the Senate 

Mr. Speaker I have the honor to inform that the Senate have passed 
House Bill No. 2. with amendments which they submit to your body for 
consideration 

House Bill No. 2. then came upon its final passage Yeas 22 Nays 13 
As follows 

Yeas Arthur Beyer Brown Bowen Barry Cannon Cody Dickey Frost 
Jameson Jones Landers McGee. Pennock, Purdam Reese Simmerwell 
Shores Stephens Sparks Walker and Zimmerman 22 

Nays Mess. Abbott Curtiss Crosby Hartwell Hornsby Mewhinney 
Marshall McClure Murphy Saunders Tabor Toothman and Williams 13 

On motion of Mr. Dickey the vote on House bill No 2 was reconsidered 

The question will the House concur in the amendments, of the Senate 
was then put and decided carried 

A division was called for, and the chair decided it carried by a vote of 
21 to 16 

A Message from the Senate 

Mr. Speaker I have the honor to inform that the Senate has con- 
curred in the third amendment of the House of Representatives to Senate 
bill no 8. entitled "An act regulating the price of public printing" and that 
the Senate has concurred in the 1st and 2d amendments in which the con- 
currence of the House of Representatives is requested 

Sec. — 1st. Strike out of the House amendment "one dollar" and 
insert the words "one dollar and twenty five cents" 

2d Strike out the words one dollar and fifty cents and insert the words 
one dollar and seventy five cents in the 2d House amendment 

Mr. Pennock Chariman of a special committee on Printing made a report 
which on motion of Mr. Stephens was accepted, and on motion of same 
gentleman the rules were suspended to pass the bill to its reading 
Yeas and Nays on suspending the rules resulted Yeas 38. Nays 0, as 
follows 

Yeas Mess. Arthur Abbott Beyer Brown Bowen Barry Cannon Crosby 
Cody Dickey Frost Hartwell Hornsby Jameson Jones Landers Mewhinney 
Marshall McClure Murphy McGee Orr Pennock, Purdam Reese Saunders 



230 



Kansas State Historical Society. 



Simmerwell Shores Stephens Sparks Tuton Tabor Toothman Todd Wade 
Williams Walker and Zimmerman 38. 

On its final passage Yeas and Nays being ordered resulted Yeas 38, 
Nays 0, as follows 

Yeas Mess Arthur Abbott Beyer Brown Bowen Barry Curtiss Cannon 
Cody Dickey Frost Hartwell Hornsby Jameson Jones Landers Mewhinney 
Marshall McClure Murphy McGee Orr, Pennock Purdam Reese Saunders 
Simmerwell Shores Stephens Sparks Toothman Tabor Tuton Todd Wade 
Williams Walker and Zimmerman 38 

Nays 0. 

The following message was received from the Governor 

To the Senate & House of Representatives 

Gentlemen I have this day approved of and signed House bill No. 1, 
entitled an act "defining certain duties of the auditor of State 

(Signed) C. Robinson 

Executive Office March 15, 1856 Governor State Kansas 

On motion of Mr. Frost the House adjourned until 2 o'clock. 

2 o'clock P. M. 

Met pursuant to adjournment 38 members present Mr. Edsall chair- 
man of committee to confer with a similar committee from the Senate on 
Senate bill No. 2. entitled an act establishing the Salaries of the State officers 
and officers of the General Assembly made a report which was accepted 
on motion of Mr. Saunders 

On motion of Mr. Hutchinson the House resolved to non concur in the 
report and referred back to the same committee with instructions to raise 
the salary of the Judges of the Supreme Court to 2000$ each On motion 
of same gentleman the committee had leave of absence 

Mr. Frost Chairman of Committee to investigate the affairs of the Exe- 
cutive Committee presented the following report 

On motion of Mr. Simmerwell the report was accepted 

The committee to whom was referred the report of the chairman Secretary 
and treasurer of the Executive Committee the examination of the books 
papers &c belonging to the office of the same and to confer with the Executive 
Committee as per your instructions beg leave to submit the following report 

We find that a regular concise and creditable record of the meetings 
of the Committee have been kept by the Secretary of the committee giving 
the rise cause and progress of the organization from the first movement 
made by the people of Kansas, copies of all the proclamations issued of the 
same 

The formation of precincts, the canvassing of the territory for the special 
and several elections. The form of poll books, tally lists instructions to 
judges of elections apportionment certificates commissions &c &c. are all 
recorded and reflects great credit both upon the industry and ability of the 
committee and as a matter of record will be looked to with much interest 

The results of the votes for members of the constitutional convention 
The vote on the adoption of the constitution, The General Banking Law 
clause and Black law propositions together with the vote for State officers 
and members of the General Assembly are in the Executive office or laid 
before the House of Representatives 

The correspondence of the Executive Com'e and papers of a miscellaneous 
nature were made subject to our examination and the papers of the office 
have all been kept in good order and at all times open to inspection 

Upon examination of the records together with what information we 
could obtain we are led to believe that a certified manuscript copy of the 



The Topeka Movement 231 

constitution of Kansas has been but recently forwarded to Congress Any 
seeming derilicition on the part of the Executive Committee can be readily 
overlooked by us when we take into consideration the fact of invasion from 
the border immediately after the adoption of the Constitution and other 
troubles and business which demanded their attention 

Your committee feel proud in reporting that the business of the provi- 
sional government so far as we can ascertain has been conducted in a prudent 
judicious economical and masterly manner Ever step seems to have been 
guarded Every thing which could be done for the success of the State 
government even to the most minute detail will bear the scrutiny of the 
most incredulous and we cannot but be greatful for the efficient and valuable 
services performed for us by the Executive Committee of Kansas Territory 

Under clause of the schedule attached to the Constitution empowering 
the Executive Committee to issue certificates of indebtedness for the legi- 
timate expenses 

Necessary for the formation of the State government to the amount 
not exceeding $25.000 — 

Your committee find that certificates of indebtedness have been issued 
by the Executive Committee to the amount of $12,455.80 for which vouchers 
are on file in the Secretary's office as follows. 
For Printing and Stationary to Sundry Persons 3.193.95 
For Pay of members and officers of the Constitution 

Conv'n 5.070.35 
For expenses of elections For carrying poll books, 

pay of judges &c 1 . 468 . 78 

For office expenses For Executive Committee 324.72 
Amount to members of the Executive Committee as 
part pay for services viz 

To J. H. Lane $200 — 

" J. K. Goodin $200 — 

" G. W. Brown $50 — 

" C. K. Holliday 100 — 

" G. W. Smith 200 — $750 — 



For Assistant Secretary to Executive Committee — 

To S. C. Smith $28 — 

" E. C. K. Garvey $20 — 

Amounts paid to agents to the States 

To J. H. Lane $200 — 

" Morris Hunt $200 — 

" G. W. Smith $200 — 

" S. C. Smith $200 — 

" Turner Sampson $200 — 

" M. F. Conway $200 — 

" J. S. Emery $200 — 

" A. H. Mallory $200 — $1,600 — 

$12,455.80 

Amt issued for which there are no bills on file $ 2 . 600 . — 

Showing whole amount of issues agreeable to record $15,055.80 
From this amount deduct the amount in the hands of the 

treasurer not countersigned agreeable to his report $ 1 . 800 — 

Amt of scrip in circulation 13.255.80 



All of which is respectfully submitted W. R. Frost. Chm'n 

On motion of Mr. Toothman the report was adopted 
Message from the Senate 

Mr. Speaker I have the honor to inform that the Senate have passed 
a concurrent resolution in reference to memorializing Congress and ask 
your concurrence in the same 

Resolved That the House concurring the memorials to Congress and to 
the President be referred to a select joint committee composed of three 



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Kansas State Historical Society. 



members from each house with power in said joint committee to correct or 
Change the phraseology to have three written copies of such prepared and 
one of each forwarded to our Senators and Representatives to Congress, and 
a printed copy furnished to the Governor of each State signed by the officers 
of the General Assembly and by the Governor and Secretary of State 

A. Allen Chief Clerk Senate 

The message was accepted and motion of Mr. Stephens the Rules were 
suspended. Yeas and Nays being ordered resulted Yeas 38 Nays 3 as 
follows : 

Yeas Mess Arthur Abbott Blood Beyer Brown Bowen Barry Curtiss 
Cannon Crosby Cody Dickey Edsall Frost Hutchinson Hornsby Higgins 
Jameson Jones Landis Mewhinney Marshall McClure Murphy McGee 
Pennock Purdam Reese Saunders Simmerwell Shores Stephens Sparks 
Tabor Toothman Todd Williams and Walker 38 

Nays Mess Orr, Tuton and Zimmerman 3 

On motion of Mr. Hartwell the message was laid upon the table 

The following message from the Senate was then read 

Senate would not adopt report of committee of conference on Senate Bill 
No. 2. entitled an act establishing the salaries of State officers &c and ap- 
pointed another committee of conference and ask the House to appoint a 
like committee 

Senate committee Mess Allen Harding Fuller 

Attest A. Allen Secy 

House appointed Mess Hutchinson McClure and Dickey committee on 
the part of the House to confer with the committee of the Senate 

Message from the Governor 

To the Senate and House of Representatives 

Gentlemen I have this day approved and signed the following bills 
Senate Bill No. 4. entitled "an act concerning elections" also Senate bill 
No. 7. entitled an act denning the duties of State Printer" 

Executive Office March 15, 1856. C. Robinson Governor &c. 

A motion to take a recess for 15 minutes was lost 

Mr. Hartwell moved to reconsider the vote on Senate bill No. 5. "an act 
for the encouragement of Agriculture — motion lost 

On motion of same gentleman a recess of 15 minutes was taken 

After recess on motion of Mr. Tuton House bill No. 2. was taken up 
and on motion of the same gentleman the rules were suspended and the 
Bill passed to its third reading Yeas and Nays being ordered resulted 
Yeas 28 Nays 6 as follows 

Yeas Mess Abbott Beyer Brown Bowen Barry Cannon Crosby Edsall 
Frost Hornsby Jameson Jones Landers Mewhinney Murphy McGee Pen- 
nock Purdam Reese Saunders Simmerwell Shores Sparks Tuton Tabor Todd 
Williams Zimmerman 28 

Nays Mess. Arthur Blood Cody Orr Toothman and Walker 6 

On motion of Mr. Brown the House went into committee of the whole 
to consider Senate Bill No. 5. Mr. Orr in the Chair 

The Committee rose and reported the bill back to the House with one 
amendment 

The Yeas and Nays on its final passage being ordered resulted Yeas 
38 Nays 0, as follows 

Yeas Mess Arthur AbbotrBlood Beyer Brown Bowen Barry Curtiss 



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233 



Cannon Crosby Cody Dickey Edsall Frost Hartwell Hornsby Jones Landers 
Mewhinney Marshall McClure Murphy McGee Orr, Pennock Purdam 
Reese Saunders Simmerwell Shores Sparks Tuton Tabor Toothman Todd 
Williams Walker and Zimmerman 

The bill was then read by its title and adopted 

Message from the Senate 

Mr. Speaker I have the honor to inform that the Senate have con- 
curred in the amendments of the House to Senate bill No. 5. entitled an 
act for the encouragement of Agriculture in the State of Kansas 

March 15. 1856 A. Allen Secty 

Mr. Edsall Chairman of committee of conference reported that they 
could not act not being instructed 
On motion they were discharged 

On motion of Mr. Hartwell a committee of 3 was appointed to revise 
and correct memorial — acting in concert with a similar committee from 
the Senate 

The Chair appointed on said committee Mess Curtiss Hornsby & Hart- 
well 

Leave of absence was granted to the committee 
Message from the Senate 

Mr. Speaker I have the honor to inform that the Senate have passed 
the following concurrent resolution and ask the House to consider the same 

Resolved the House concurring that the treasurer of the late Executive 
Committee of Kansas Territory be directed to deliver to the auditor of 
State the Eighteen Hundred dollars of Scrip in his hands not countersigned 
and to which reference is made in his report to the Senate and that the 
auditor be directed to record the fact and destroy the Scrip 

March 15. 1856 A. Allen Sec. Sen. 

Resolution concurred in by the House 

On motion of Mr. Williams the bill was taken up by Sections 
1st Section adopted Yeas 23. Nays 18 

Yeas Abbott Blood Beyer Bowen Cannon Cody Dickey Frost Jones 
Landers Marshall Murphy McGee Purdam Pennock Saunders Simmer- 
well Sparks Tuton Todd Wade Walker Zimmerman 23. 

Nays Arthur Brown Barry Curtiss Crosby Edsall Hartwell Hornsby 
Hutchinson Jameson McClure Mewhinney Orr Reese Shores Tabor Tooth- 
man Williams 18 

Committee Mess Hutchinson Curtiss and Brown 

Senate Bill No. 8. reported with amendments which were concurred in 
by the House 

Mr. Hutchinson chairman of committee on conference made a report 
which was accepted and on motion of Mr. Williams adopted 
Adjourned until 7 o'clock P. M. 

March 15th, 1856 Evening Session 
Met pursuant to adjournment On motion of Mr. Frost the House took 
a recess for one hour 

The following resolution was adopted on motion of Mr. Cannon 

Whereas H. B. Staniford member elect of this House was here on the 
day of organization of the General Assembly and refused to take the oath 



234 Kansas State Historical Society. 

of office Therefore Resolved that the seat of said representative be declared 
vacant 

On motion of Mr. Zimmerman a committee of three was appointed to 
confer with a similar committee from the Senate on the Senate Bill No 2 
relating to salaries of State officers 

The Chair appointed Mess Zimmerman Jameson and Pennock as said 
committee 

The following messages were received from the Senate 

Mr. Speaker I have the honor to inform you that the Senate have 
agreed to House amendments to Senate bill No. 8, entitled an act regulating 
the price of Public Printing 

March 15. 1856 Attest A. Allen Sec 

Mr. Speaker I have the honor to inform you that the Senate have 
adopted the report of conference committee to whom was referred Senate 
bill No. 2, Relative to salaries of State officers and officers of General As- 
sembly 

March 15. 1856 Attest A. Allen Sec. 

Rr. Speaker I have the honor to inform you that the Senate have re- 
ceded from the vote on the report of the conference committee to whom was 
refered Senate Bill No. 2 Regulating the salaries of the State officers and 
officers of the General Assembly Attest A. Allen Sec. 

Mr. Zimmerman from committee on conference on Senate bill No. 2, 
made the following report which was adopted on motion of Mr. Abbott 

Your Committee appointed to confer with the committee of the Senate 
in regard to the Salaries of State officers have had the subject under con- 
sideration and agree to and submit the following 

Sec. 1st. The salary of the Governor shall be Twenty five hundred dol- 
lars 2,500— 

Sec. 3d. The salary of the Auditor of State shall be fifteen hundred dol- 
lars 1.500— 

Sec. 2d. The Salary of the Secretary of State shall be fifteen hundred 
dollars 1.500 

Sec. 4. The salary of the Treasurer of State shall be fifteen hundred 
dollars 1.500— 

Sec. 5. The Salary of the Attorney General shall be eight hundred dol- 
lars $800— 

Sec. 6. The Salary of the Clerk of the Supreme Court shall be three 
hundred dollars $300— 

Sec. 7. The salary of the Reporter of the Supreme Court shall be three 
hundred dollars $300— 

Sec. 24. This bill shall take effect from and after its passage 

The committee of conference have agreed to amend the bill by prefixing 
seven sections and annexing one: all the sections of the bill to be numbered 
accordingly E. R. Zimmerman Chairman 

Mr. Curtiss moved a reconsideration of the vote adopting the report 
which was lost 

Message from the Senate 

Mr. Speaker I have the honor to inform you that the Senate have 
agreed to concur in the report of the conference committee on Senate bill 
No. 2. Attest A. Allen Sec. 

Mr. Tuton offered the following resolution which was adopted 

Resolved that the Governor be notified that the House having gone 
through their business are ready to take recess until he has further business. 



The Topeka Movement. 235 

The Governor was notified of the passage of the resolution and informed 
the house that he had further business and the following message was re- 
ceived. 

To the Senate and House of Representatives 

Gentlemen I have this day approved and signed the following bills 
Senate bill No. 5. entitled an "act for the encouragement of agriculture in 
the State of Kansas" Senate bill No. 6. entitled "An act regulating the 
duties of the Governor and other officers of the State" Also Senate bill No. 8. 
entitled "an act establishing the price of public printing" 

Executive Office March 15th. 1856 (Signed) C. Robinson 

Mr. Edsall offered the following resolution which was adopted 

_ Resolved, That the Senate be informed that the house have gone through 
with all of their business and are ready to take a recess until the 4th day of 
July next unless the Senate have further business to communicate 

The Clerk was instructed to inform the Senate of the passage of the reso- 
lution 

The Senate informed the^ House that there was no business to communi- 
cate and the 

House then took a recess until the 4th Day of July 1856. 

J. K. Goodin ChfClk. H. Rep. 

Topeka, State of Kansas 
July 4. 1856 12 o'clock M. 
House of Representatives met pursuant to adjournment 
Assistant Clerk Samuel F. Tappan called the house to order Roll called 
Sergeant at Arms sent for absentees 
Roll called 

Col. E. V. Sumner U. S. Army having now taken a position upon the 
platform interrupted the proceedings of the House and said 

Gentlemen "I am called upon this day to perform the most painful 
duty of my whole life Under the authority of the President's proclamation 
I am here to disperse this Legislature and therefore inform you that you 
cannot meet. I therefore in accordance with my order command you to 
disperse 

God knows I have no party feeling and will hold none so long as I hold 
my present position in Kansas I have just returned from the borders where 
I have been sending home companies of Missourians and now I am here to 
disperse you Such are my orders that you must disperse I now command 
you to disperse I repeat that this is the most painful duty of my whole life 
But you must disperse 

P. C. Schuyler a spectator asked 

" Col. Sumner are we to understand that the Legislature is dispersed at 
the point of the bayonet? 

Col. Sumner replyed "I shall use the whole force under my command to 
carry out my orders" 

The House thereupon dispersed 

S. F. Tappan Asst Clk 

Topeka Tuesday 
Jan 6th. 1857, 12. o'clock. M. 
In accordance with the provisions of the Constitution House met. 
In the abscence of the Speaker the House was called to order by J. K. 
Goodin Chief Clerk. 



236 



Kansas State Historical Society. 



Prayer by Rev. Walter Oakley. On motion John Hutchinson was elected 
Speaker pro tern who being duly inducted into office addressed the House in 
a few appropriate remarks. 

On motion of Mr. Abbott, a committee of three was appointed by the 
chair to examine the credentials of new members. Committee Mess. Abbott, 
Williams and Dickey 

On motion House adjourned until tomorrow at 10. o'clock 

J. K. Goodin Chf. Clk. 

House of Representatives 
Wednesday 10, o'clock A. M. Jan. 7th, 1857 
House met — Prayer by Rev. Oakley 

On motion of Mr. Abbott the calling of the roll was dispensed with — 
Minutes read and approved — 

The Committee on credentials reported "that they had examined the 
credentials of Mr. Taber [Tator] of 5th district, Abram Cutler, Robert Mor- 
row and Robert McFarland of the first district, J. A. Beam of the Second 
district and Mr. Gilpatrick of Third district, and from the vote returned 
declared that they were duly elected as members of this body and entitled 
to their seats as Representatives in the Legislature of Kansas." 

The report of the Committee was received, approved, and the Committee 
discharged, and the Oath of Office taken by Mess. Cutler, Morrow, McFar- 
land, Beam & Tater 

On motion of Mr. Tabor, the House proceeded to the election of a sergeant 
at arms pro-tem Mr. A. W. Mooore being the only person nominated for 
that office was by acclamation duly elected and qualified. 

On motion of Mr. Blood a Committee of three were appointed consisting 
of Mess. Blood, Dickey and Tabor to prepare and report at an early day a 
memorial to Congress asking for the admission of Kansas as a State under 
her Constitution 

On motion of Mr. Tabor a committee of three were appointed to prepare 
an election law for the regulation of the next election for State Officers and 
Members of the Legislature, The Speaker appointed Mess. Abbott, Landers, 
& Williams. 

On motion of Mr. Williams the House proceeded to the election of a 
Speaker, Mr. John Hutchinson being the only person nominated was unani- 
mously elected, who having been inducted to his seat, addressed the House 
in a few pointed and pertinant remarks. On motion of Mr. Abbott, House 
proceeded to the election of Chief Clerk. J. K. Goodin being the only person 
nominated was unanimously elected and assumed the duties of his office. 
The House then proceeded to the election of First Assistant Clerk, where- 
upon Samuel F. Tappan [was] duly elected. Caleb S. Pratt was elected 
Enrolling Clerk, A. W. Moore Sergeant at Arms, D. H. Horne Assistant 
Sergeant at Arms, and O. P. Stone Door Keeper — David Seagraves was 
elected messenger. 

On motion of Mr. Blood House adjourned. 

J. K. Goodin Chf Clk H. R. 



The Topeka Movement. 237 

House of Representatives 
Jan. 8th 1857 10 O'clock A. M. 
The Speaker having been arrested by Deputy Marshall Pardee House 
was called to order by First Assistant Clerk S. F. Tappan — Prayer by Rev. 
Oakley. Mr. Robert Morrow on motion of Mr. Walker was unanimously 
elected Speaker pro-tem. On motion the Two Houses resolved themselves 
into joint session to receive the report of the Committee on Memorial. Mr. 
Blood Chairman of said Committee then presented the following report 
which was adopted, and on motion of Mr. Williams, it was resolved, that the 
report be signed by the Officers of the two houses and then returned to the 
Committee to be forwarded to Congress now in session 

" To the Honorable the Senate and House of Representatives of the United States:" 
"Your memorialists members of the Legislature of Kansas under the 
Topeka Constitution, at their annual convocation, respectfully submit to 
your Honorable Body the grievances of our constitutents for which we ask 
redress. 

"You cannot be insensible to the fact that the position which the people 
of Kansas are compelled to ocupy before the World, is one of strange and 
singular character. The organic act by which this Territory was open to 
settlement, without distinction of party, gave promises of protection to all 
who might avail themselves of its provisions, confidently relying on the ability 
and integrity of the Government to maintain in good faith the spirit and 
substance of the Law, the people of Kansas, becoming the actual settlers 
of the soil, and in that capacity have prepared for themselves a State Govern- 
ment, by framing a Constitution, and electing Representatives to provide 
for their interests by Legislation. 

" The causes which impelled the people to resort to this organization were 
simple and obvious to every attentive observer of our History as a political 
community. In the outset, we were without local laws to regulate our in- 
ternal affairs. The power to accomplish this indispensible duty, was, it is 
conceded, conferred upon the people, by the terms of the organic act. The 
attempt to exercise it in the first instance proved abortive; resulting as it 
did in a wholesale and monstrous usurpation of power by a horde of unscru- 
pulous partizans — strangers to our soil — in the prostration of the People, 
who were first defrauded, and afterwards disfranchised of their political 
privileges under enactments which have no one element of law in their struc- 
ture, and no single pretence of justice in the results sought to be accom- 
plished. 

"To remedy and repair this disgraceful and unhappy state of public 
affairs, the people were forced to seek some organization whereby to con- 
serve and keep alive the germ of their constitutional freedom. In this spirit 
the scheme of a State Organization was submitted to the consideration of 
the Territory. Ample, and abundant time for reason and reflection — com- 
porting with the dignity and importance of the step was offered. The prin- 
ciples by which the soundness of this scheme was to be tested, were carefully 
analyzed and examined in primary meetings & delegate Conventions irres- 
pective of party until the subject seemed fully exhausted. The result is 
before the country in the Constitution for a State framed at Topeka by the 
people chosen for that purpose. That instrument was subsequently sub- 
mitted for popular approval or rejection, and was adopted with singular 
unanimity considering the important character of the topics involved, some 
of which had been the subject matter of long and acrimonious controversy 

"The fate of this experiment has been watched with unspeakable soli- 
citude by those who conceived their interests as a people to be indissolubly 
connected with the final establisment of its supremacy in the State. From 
day to day, the evidences of a growing popularity extended the movement, 
which have been multiplied around us on every hand. 

A singular controversy has prevailed in Congress, as well as in the politi- 
cal world at large, relative to the merits of this movement, and the motives 



238 Kansas State Historical Society. 

which Originated it. Those who act with the party now administering the 
Government have professed to discover treason lurking in its secret folds. 
The fires of vituperation have been kindled, and the purity and purpose of 
the people have been vehemently and continually assailed. 

"It is respectfully suggested, that it would be much more honorable, and 
to the point, to indicate some material political untruth in the theory upon 
which we rely to sustain our practical efforts in this organization. It is dif- 
ficult if not impossible to see how hostility to the Constitution of the United 
States, can be justly ascribed to those who can fully conserve the principles 
which under lie that instrument, by studiously searching for, and scrupu- 
lously observing the will of the people legitimately declared. 

"To this extent and no more, are we guilty of any infraction of Republican 
principles. We have steadily disclaimed and now reiterate the disclaimer, 
that any disloyalty toward the regularly constituted authorities of the Gen- 
eral Government was purposed, or practiced. On the other hand, no positive 
or affirmative power whatever, has been exercised. Our actions have been 
made to conform to the theory, that the General Government alone, could 
infuse vitality into the forms simply prepared before hand to receive it, and 
direct it at once to the relief of our oppressed and outraged people. 

"Fully preserving this idea, and intending to solicit at every opportunity 
the attention of Congress to our grievances as a people, respectfully indi- 
cating at the same time the State Organization as the remedy we deem best 
adapted to our political exegencies, we pray now, as ever hitherto done,, 
that this work of a free spirited and intelligent people, may by your sanction 
and approval, be made operative and efficient to the great end for which it 
was prepared. 

"Thus we ask for the protection of your Honorable body, whose province 
and whose constitutional duty it is to afford it. As faithful and obedient 
citizens, we are entitled to this inalienable right — we are entitled to it by all 
the glorious events of our history as a nation in whose fame, we in common 
with the whole American People feel a just pride; and we most respectfully 
submit whether our humble and repeated petitions for redress are to be 
answered only with contempt. May not the noble example of those who in 
the earliest days of the Republic struggled for Constitutional Freedom, sug- 
gest a course, which it will be our right and our duty to adopt? And your 
memorialists will ever pray" 

Signed J. Blood 

M. C. Dickey 
H. W. Tabor" 

On motion of Mr. Pillsbury, the convention adjourned Sine-die. 

House came to order and it having been ascertained that a quorum was 
not present on account of the recent arrest of its members by the United 
States Deputy Marshall, Mr. Blood offered the following concurrent reso- 
lution which was adopted. 

Resolved: That the General Assembly — The Senate concurring do now 
take a recess until the Second Tuesday of June next, at 12. O'clock, M. 

On motion the rules were suspended and the resolution went through a 
second and third reading and was passed 

House took a recess until 2nd Tuesday in June, A. D. 1857. 12 o'clock M„ 

Signed Sam'l F. Tappan 1st Ass't Clerk 

House of Representatives 
Topeka, K. T. 12 o'clock M. June 9, 1857 
House met pursuant to adjournment 
Prayer by Rev. Mr. Foster 
Records of previous meeting read and approved 

On motion of Mr. Williams the Chair appointed Mess Dickey Walker 



The Topeka Movement 



239 



and Williams a committee to examine and report on the Credentials of 
members. 

On motion of Mr. Jameson House adjourned till Wednesday 9 o'clock 
A. M. J. K. Goodin Ch'f Clk H. Rep 

House of Representatives 
Wednesday June 10th 1857 9 o'clock A. M. 
House met pursuant to adjournment Speaker in the Chair 
Prayer by Rev. Dennis 
Roll called Minutes Read and approved 

On motion Charles Lenhalt was elected Sergeant at Arms pro tern 
On motion of Mr. Frost committee on credentials made the following 
report 

Your committee on credentials report that they have examined the cer- 
tificates of election of 

A. Wattles 1 
W. F. M. Arney 
Dr. Blunt 
Henry McKee 
and Henry Harvey 

William K. Beach [ of 6th district 
Charles F. Lenhart ) 
and L. F. Carver of 4th district 

and find them correct and reccommend them to seats in this House 

M. Dickey Chairman 

Report of the Committee was received and adopted 

Mess Arney Leonhart Foster Harvey Beach & Carver being present the 
oath of office was administered and they entered upon the discharge of the 
duties of their office 

On motion of Mr. Frost House took a recess until 3 o'clock P. M. 

3 O'clock P. M. 

House met — Roll called. On motion of Mr. Dickey House took a recess 
until 8 O'clock P. M. this evening 

J. K. Goodin Chf Clk H. Rep. 

8, O'clk Evening Session 
House met, and on motion adjourned until to-morrow morning 9 O'clock 

J. K. Goodin Ch'f CVk H. Rep. 

House of Representatives 
Thursday June 11. 1857 
House met Speaker in the Chair Prayer by Rev. Foster Roll called 
minutes read and approved The Chairman of committee on Credentials 
reported that they had examined the credentials of O. H. Drinkwater A. R. 
Button C. W. Giddings of the 8th district and Wm. E. Bowker of the 9th 
district and finding them correct reccommend them to seats in this body 
Mess Bowker Giddings Button Drinkwater took the oath of office and 
entered upon the discharge of their duties 

It being announced by the Chair that no quorum was present On motion 
the House took a recess until iy 2 o'clock P. M. 



jof 5th district 



240 Kansas State Historical Society. 

iy 2 o'clock P. M. 

House met Roll called Mr. Walker moved a recess until 4 o'clock P. M. 
motion lost 

Mr. Abbott offered the following resultions 

Resolved J. M. Tuton 2d Thomas Minard Mr. Mudeater Mr. Gosling 
12th G. W. Stephens 11th Thomas Piatt 7th B. R. Martin B. H. 
Brock Wm. Bayless Sam'l Baldwin & Isaac Hamby of the 10th having 
failed to be present at the two last sessions of this Legislature We therefore 
declare their seats vacant, carried 

Also the following 

Resolved that the Speaker appoint a committee of two members to 
inform the Senate that the House is now fully organized and prepared to 
proceed to business carried 

Resolved The Senate concurring that the Speaker appoint a committee 
of two members to meet a similar committee of the Senate and to inform 
the Governor that both houses are fully organized and ready to receive 
any communication that he may see proper to make carried — 

Message from the Senate 

Mr. Speaker I have the honor to inform that the Senate is organized 
and ready for business under a resolution herewith appended 

Resolved that the Secretary of the Senate inform the House of Rep. 
that the Senate is fully organized & ready for business 

Chair appointed Mess Cutler & Foster of Mapleton On motion of Mr. 
Blood adjourned until 8 o'clock P. M. 

8 o'clock P. M. 

On motion of Mr. Blood 

Resolved the Senate concurring a committee of three be appointed to 
prepare a memorial to Congress asking for admission into the union as a 
state 

Committee Blood Foster of Mapleton McClure 
Message from the Senate 

Resolved by the Senate & the House of Representatives That a committee 
of two be appointed to act in conjunction with a similar committee ap- 
pointed by the House of Representatives to wait upon the Governor and 
inform him that the Senate and House of Representatives are organized 
& ready to receive any communications he may see proper to make 

Resolution concurred in 

Message from the Governor 

On motion of Mr. Blood 5000 copies were ordered to be printed for use 

of the House in the English language and on motion of Mr. it was 

ordered that 1000 copies be printed in the German language 

On motion adjourned till 9 o'clock Friday morning 

House of Representatives 

June 12th. 1857 

House met prayer by Rev. Foster Roll called Minutes read and 
approved The Speaker reported the following as additional members of 
the Standing Committee 



The Topeka Movement. 



241 



Com on Education Leonhart Arney Carver 

" Corporation Morrow Tator 

" Elections ^ Foster of Ossawatomie 

I Foster of Mapleton & Carver 
" Ways and means Tator Beach Cutler 

" Judiciary Foster of Ossawatamie Blunt & Tator 

" Agriculture Arney & Bowker 

" County Lines Walker & Abbott 

" Public Roads Giddings Harvey & Cutler 

" Vice and Immorality Foster of Mapleton & Beam 
" Internal Improvements McFarland Drinkwater Button 
Mr. Arney presented the following memorial from the Mayor of Hyatt 
which was referred with a bill for the incorporation of Hyatt to the Com- 
mittee on Corporations 

Memorial 

To the Senate and House of Representatives of the State of Kansas in Legis- 
lature assembled In behalf of the citizens of the town of Hyatt I beg leave 
most respectfully to present the following resolution which was unanimously 
adopted by our citizens at their town meeting held on the 2d day of May last 

Resolved that the mayor be and is hereby authorized to apply to the 
State Legislature of Kansas at its next session asking for an act of incor- 
poration for our town in accordance with articles of fraternization 

In compliance with this Resolution I would humbly pray your honorable 
body to grant to the town of Hyatt an act of incorporation in accordance 
with the bill for an act for the incorporation of the Town of Hyatt which 
is herewith submitted and your petitioners as in duty bound will ever pray 

W. F. M. Arney 
Mayor of the Town of Hyatt Kansas 

Mr Leonhart presented the following memorial which was refered to the 
Committee on corporations 

To the Honorable members of the Legislature of the State of Kansas 
We the undersigned citizens of the Town of Emporia State of Kansas 
do hereby petition your honourable body to grant to the said Town of 
Emporia a municipal charter providing for the election of officers and the 
full and complete organization of the aforesaid Town for all necessary 
purposes of local government in terms and forms corresponding to the 
charter which may be granted to the town of Hyatt in said State of Kansas 

(Signed) D. A. Painter 
N. E. Copley 
P. B. Plumb 
J. Stiller 
C. Cllamson 
W. H. Kendall 
W. C. Larrabee 
And S. Frazier 
Charles 0. W. Leonhardt 
Richard J. Hinton 

On motion of Mr. Foster of Ossawatamie James Bunker and George 
H. Mclntire were elected messingers to the House 

Mr. Blood presented a bill providing for taking the census of the State 
of Kansas 

On motion of Mr. Morrow 

The rules were suspended and the bill was read a second time by the 
title and referred to a special committee of 5 viz. Morrow McClure Foster 
of Ossawatamie Sparks and Cutler 
—16 



242 



Kansas State Historical Society. 



Mr Carver offered the following resolution 

Resolved that the Sergeant at Arms is directed to number the seats and 
place the numbers on each seat in order that members may select seats in 
such manner as the House shall direct carried 

Message from the Senate 

Mr. Speaker I have the honor to inform that the Senate have passed 
the following joint resolution 

Resolution — Resolved by the Senate and House of Representatives that 
the bill providing for a general election law be referred to a joint committee 
of three from each House J. F. Cummings Sec. Sen. 

On motion of Mr. Blood the resolution was concurred in 

The Chair appointed Mess Abbott Foster Saunders said committee 

Message from the Senate 
Mr. Speaker I have the honor to inform that the Senate have passed 
the following concurrent resolution 

Resolved by the Senate the House of Representatives concurring that 
this General Assembly adjourn on Saturday the 13th inst 

On motion of Mr. Morrow voted that the concurrent resolution be laid 
on the table until tomorrow morning at 9 o'clock 

On motion of Mr. Foster the rules were suspended and Mr. Blood was 
allowed to present a bill "An act to define the boundary lines of counties, 
on motion the rules were suspended and the bill passed its first reading 
and on motion was referred to the committee on New Counties and County 
lines 

On motion of Mr. Blood House adjourned till 8 o'clock P. M. 

Chairman of Committee on Education reported a bill entitled "an act 
ior an educational system for the State of Kansas" Bill read first time 

On motion of Mr. Blood the rules were suspended and the census bill was 
taken up and read a 3d time and passed 

The title to the bill was adopted as read 

On leave Mr. Blood introduced a bill entitled an act for the incorporation 
of towns Read a first time The rules being suspended the bill then passed 
to its second & third reading & was passed Yeas 21 Nays 5 

Yeas. Arney Abbott Bowker Beam Beach Cutler Carver Dickey Foster 
of Mapleton Foster of Ossawatamie Gilpatrick Giddings Harvey Jamison 
Leonhardt Morrow McFarland Tabor Tator Todd Williams 

Nays Blood Frost Orr Sparks Walker 

The bill was then read by its title and adopted 

On leave Mr. Arney presented a bill for the incorporation of the State 
Agricultural Society of Kansas Bill was read a first time Rules Being 
suspended bill passed to its second reading 

On motion of Mr. Blood House adjourned until tomorrow morning at 
8 o'clock 

House of Representatives 
June 13. 1857 8 o'clock A. M. 

House met. Speaker in the Chair 
Prayer by Rev. Foster 
Minutes read and approved 

Committee on new Counties and County lines reported back bill on new 
-Counties & County lines with amendments by Mr. Walker Chairman 



The Topeka Movement. 



243 



On motion of Mr. Tabor the bill as amended was passed to a second 
reading 

On motion of Mr. Blood the bill was reported back to the same com- 
mittee 

Mr Dickey chairman of committee on Credentials reported that Mr. 
Phillips from the first district was entitled to a seat in this house 
Report adopted 

Mr. Phillips came forward and took the oath of office 
Mr. Walker from committee on New Counties and County lines reported 
a bill a substitute for the bill for establishing County lines 
Bill read, first time 

On motion the rules were suspended and the bill was read a second time 
by its title 

On motion of Mr. Blood it was voted to amend the bill by inserting 6th 
in place of 1st where it occurs before the meridien line 

The word suhwano was amended by striking the letter h in the first 
syllable 

On motion the bill was further amended by adding "this act shall take 
effect from and after its passage" 

On motion the rules were suspended and the bill was read a third time 
by its title 

On motion of Mr. Phillips the bill was amended by inserting as a pre- 
amble "Whereas the taking of the census requires the immediate use of 
this bill therefore it shall take effect from and after its passage" bill put 
upon its final passage and passed The title as read was adopted 

Mr. Foster, Chairman of Committee on Election reported a bill entitled 
"An act regulating Elections" 

Mr. Saunders presented a bill providing for the incorporation of towns 

Rules suspended and the bill in relation to regulating election was read 
a first time by its title 

On motion the rules were suspended and the bill relating to regulatings 
elections was read a second time by its title 

On motion the rules were suspended and the bill was read a third time 
Mr Phillips offered the following amendment to the bill 

"Preamble Whereas the early date of the first election requires the 
immediate use of this bill therefore it shall take effect from and after its 
passage 

On motion of Mr. Cutler the rules were suspended Yeas 26 Nays 1 
Yeas Arney Abbott Blood Bowker Button Beam Beach Cutler Carver 
Dickey Drinkwater Foster of Mapleton Gilpatrick Giddings Harvey Jame- 
son Morrow McFarland McClure Orr Saunders Sparks Tabor Tator Walker 
Williams Phillips 
Nays Frost 

On motion the bill passed Yeas 30, Nays 

Yeas Arney Abbott Blood Bowker Button Beam Beach Cutler Carver 
Dickey Drinkwater Foster of Mapleton Foster of Ossawatamie Frost Gil- 
patrick Giddings Harvey Jameson Leonhardt Morrow McFarland McClure 
Orr Phillips Saunders Sparks Tabor Tator Walker & Williams 

On motion of Mr. Cutler the rules were suspended Yeas 25 Nays 4 
Yeas Arney Abbott Blood Bowker Button Beach Cutler Carver Dickey 



244 



Kansas State Historical Society. 



Drinkwater, Foster of Mapleton Foster of Ossawatamie Frost Gilpatrick 
Giddings Harvey Jameson Leonhardt Morrow McFarland Saunders Tabor 
Tator Walker Williams 

Nays Beam McClure Orr Sparks and the bill was read a first time by 
its title on motion of Mr. Cutler 

On motion of Mr. Foster of Ossawatamie the rules were suspended Yeas 
27, Nays 3. 

Yeas Arney Abbott Blood Bowker Button Beam Beach Cutler Carver 
Dickey Drinkwater Foster of Mapleton Foster of Ossawatamie Frost Gil- 
patrick Giddings Harvey Jameson Leonhardt Morrow McFarland Saunders 
Tabor Tator Walker Williams Phillips 

Nays, McClure Orr Sparks— on motion of Mr. Abbott and the bill was 
read a second time by its title 

On motion of Mr. Cutler the rules were suspended Yeas 27 Nays 3 

Yeas Arney Abbott Blood Bowker Button Beam Beach Cutler Carver 
Dickey Drinkwater Foster of Mapleton Foster of Ossawatamie Frost Gil- 
patrick Giddings Harvey Jameison Leonhardt Morrow McFarland Phillips 
Saunders Tabor Tator Walker Williams 

Nays McClure Orr Sparks 
and the bill was read a third time and passed Yeas 26, Nays 3. 

Yeas Arney Abbott Blood Bowker Button Beam Beach Cutler Carver 
Dickey Drinkwater Foster of Mapleton Foster of Ossawatomie Gilpatrick 
Giddings Harvey Jamison Leonhardt Morrow McFarland Phillips Saunders 
Tabor Tator Walker Williams 

Nays McClure Orr, Sparks 

The title to the bill as read was adopted 

Message from the Senate 

Mr. Speaker I have the honor to inform you that the Senate have 
concurred in the passage of House bill No. 1, entitled an act for taking the 
census and to provide for the apportionment of Representatives of the 
State of Kansas 

signed Asaph Allen Sec. Senate. 

On motion the rules were suspended to allow bill in relation to County 
organization to be read a first time Yeas 28 Nays 

Yeas Arney Abbott Blood Bowker Button Beam Beach Cutler Carver 
Dickey Drinkwater Foster of Mapleton Foster of Ossawatamie Gilpatrick 
Giddings Harvey Jameson Leonhardt Morrow McFarland Orr, Phillips 
Saunders Sparks Tabor Tator Walker Williams 

Yeas 28 Nays 0. 

On motion the House took a recess until 2 o'clock P. M. 

2 o'clock P. M. 

The bill in relation to County organization was read a first time 
On motion the rules were suspended Yeas 25 Nays 1. 
Yeas Arney Abbott Blood Bowker Button Beam Beach Cutler Carver 
Dickey Drinkwater Foster of Mapleton Foster of Ossawatamie Frost Gil- 
patrick Giddings Harvey Jameson Leonhardt McFarland Saunders Tabor 
Tator Walker 

Nays McClure and the bill was read a second time 
On motion the rules were suspended that the bill might be read a third 
time Yeas 25 Nays 1. 



The Topeka Movement. 



245 



Yeas Arney Abbott Blood Bowker Button Beam Beach Cutler Carver 
Drinkwater Foster of Mapleton Foster of Ossawatomie Frost Gilpatrick 
Giddings Harvey Jamison Leonhardt Morrow McFarland McClure Orr 
Phillips Saunders Sparks Tator Todd Williams Nays McClure, and the 
bill was read a third time and passed Yeas 28, Nays 

Yeas Arney Abbott Blood Bowker Button Beam Beach Cutler Carver 
Dickey Drinkwater Foster of Mapleton Foster of Ossawatamie Frost Gil- 
patrick Giddings Harvey Jamison Leonhardt McFarland Orr Phillips 
Sparks Tabor Tator Walker Williams 

On motion it was voted that the bill be known by its title as read. 

Message from the Senate 
Mr. Speaker I have the honor to inform that the Senate has passed 
the following Joint Resolution relative to memorializing Congress for ad- 
mission into the union as a State 

Resolved By the Legislative Assembly of the State of Kansas That It 
shall be the duty of the persons appointed to take the census of the people 
of Kansas to present at the same time a memorial to congress for the signatures 
of the legal voters asking for the immediate admission of Kansas into the 
union as a State and that said memorial with the signatures attached be 
returned with the census list to the Governor 

Asaph Allen Sec. Senate. 

On motion the House voted to concur in the resolution of the Senate. 
Yeas 25 Nays 2. 

Message from the Senate 

Mr. Speaker, I have the honor to inform that a bill entitled "An act 
for the location of the seat of Government for the State of Kansas has 
passed the Senate and they would respectfully ask a concurrence of the 
House therein 

Asaph Allen Sec. Senate 

On motion the rules were suspended in order that the bill in relation to 
location of Capitol might be read a first time, Yeas 24, Nays 4 

Yeas Arney Abbott Bowker Button Beam Beach Carver Dickey Drink- 
water Foster of Mapleton Frost Gilpatrick Giddings Harvey Jamison 
Leonhardt McFarland Orr, Phillips Saunders Sparks Tabor Walker Williams 
Nays Blood Cutler, Foster of Ossawatamie Tator 
On motion the rules were suspended Yeas 28 Nays 
Yeas Arney Abbott Blood Bowker Button Beam Beach Cutler Carver 
Dickey Drinkwater Foster of Mapleton Foster of Ossawatamie Frost Gil- 
patrick Giddings Harvey Jamison Leonhardt McFarland Orr, Phillips 
Saunders Sparks Tabor, Tator Walker Williams 

On motion the rules were suspended to allow the bill to be read a third 
time 

The bill was amended by inserting the word "act" in the title and strik- 
ing out the word "bill" and on motion the bill was read a third time and 
passed Yeas 26 Nays 2. 

Yeas Arney Abbott Blood Bowker Button Beam Beach Cutler Carver 
Dickey Drinkwater Foster of Mapleton Frost Gilpatrick Giddings Harvey 
Jamison Leonhardt McFarland Orr, Phillips Saunders Sparks Tabor, Tator, 
Walker 26 Nays, Foster of Ossawatamie Williams 

voted that the bill be known by its title as read A bill providing for an 



246 



Kansas State Historical Society. 



act for the establishment of a State university was read the first time moved 
that the rules be suspended to allow the reading of a bill establishing the State 
University a second time, motion lost. Yeas 15 Nays 13 

Yeas Abbott Blood Button Beam Beach Cutler Dickey Foster of Maple- 
ton Frost Giddings Jamison McFarland Phillips Saunders Tator 

Nays Arney Bowker Carver Drinkwater Gilpatrick Harvey Leonhardt 
McClure Orr, Sparks Tabor Walker Williams 

On motion of Mr. Carver the bill in relation to the establishment of a 
State agricultural society was read a second time 

On motion of Mr. Foster it was voted that the further consideration of 
the bill be indefinitely postponed 

Roll called and Sergeant at Arms sent for absentees 

On motion of Mr. Walker the vote refusing to suspend the rules in order 
to pass the bill in relation to a State University to a second reading was 
reconsidered and the rules were suspended Yeas 27, Nays 2 

Yeas Arney Abbott Blood Button Beam Beach Cutler Carver Dickey 
Drinkwater Foster of Mapleton Foster of Ossawatamie Frost Gilpatrick 
Giddings Harvey Jamison Leonhardt McFarland Orr Phillips Saunders 
Sparks Tabor Tator Walker Williams 

Nays Bowker McClure and bill was read a 2d time 

Mr Phillips moved an amendment to the bill that the names of W. F. M. 
Arney W. Y. Roberts S. L. Adair & C. F. W. Leonhardt be added to the 
number of trustees motion carried 

Mr. McClure moved to amend by inserting the word "Manhattan" 
instead of "Lawrence" motion lost 

Mr. Williams moved to amend by inserting the word " Centropolis" 
in place of "Lawrence" motion lost 

And bill was read a third time and passed Yeas 26, Nays 3 

Yeas Arney Abbott Bowker Button Beam Beach Cutler Carver Dickey 
Drinkwater Foster of Mapleton Foster of Ossawatamie Frost Gilpatrick 
Giddings Harvey Jamison Leonhardt McFarland Orr Phillips Saunders 
Sparks Tabor Tator Walker 

Nays Blood McClure Williams 

Message from the Senate 

Mr. Speaker I have the honor to inform the House of representatives 
that the Senate have had under consideration House bill No. 4, entitled an 
act to regulate general elections and have passed the same with amendments 
which they respectfully ask the house of Representatives to concur with 

(signed) Asaph Allen Sec Senate 

Mr. Foster moved to amend the bill as amended by the Senate by adding 
the words "this act shall take effect from and after its passage" motion 
carried 

Message from the Senate 

Mr. Speaker. I have the honor to inform that the Senate has concurred 
in House amendment to "Senate Bill" No. 1. 

signed A. Allen Sec. Senate 

Mr. Foster moved to amend bill to regulate general elections by adding 
the words "and annually thereafter" motion carried. 

Mr. Carver moved to amend same bill was amended by striking out 
fourth section motion carried 



The Topeka Movement. 



24T 



Mr Phillips moved to amend by inserting the following "Sec 4 That the 
provisions of this act shall apply to any special election which may be called 
by proclamation of the Governor," motion carried 

On motion the bill as amended was passed. 

On motion of Mr. McClure the title to the bill was amended by striking 
out the words "Elections for the year 1857 and inserting "Elections for the 
State of Kansas" and the title as amended was adopted 

A motion to suspend the rules to pass the bill relating to education to a 
third reading was lost and on motion the bill was referred to the next legis- 
lature 

Mr. Blood moved that a committee of three be appointed to investigate 
the claims of W. F. M. Arney to a seat in this House, — motion withdrawn 
On motion of Mr. Dickey House adjourned until 8 o'clock P. M. 

Saturday Evening Session 
House came to order at 8 o'clock P. M. — roll called 

On motion of Mr. Foster of Mapleton a committee of three was appointed 
to compare bills 

Committee Mess. Foster of Mapleton Dickey Tator 
The following resolution was offered 

Resolved the Senate concurring that the House will adjourn at 11 o'clock 
P. M. of Saturday the 13th. inst. 

The resolution was laid on the table 

Mr. Foster of Ossawatomie moved that the words sine die be added 
motion lost 

Message from the Senate 

Mr. Speaker I have the honor to inform that the Senate have con- 
curred in House amendments to House bill No. 4. 

Also that the Senate have passed House bill No. 7 with amendments and 
respectfully ask the concurrence of the House to the same 

Signed Asaph Allen Sec. Senate 

Amendments to House bill No. 7 in the Senate 1st, Strike out in the first 
section "W. F. M. Arney" 2nd, add in the first section Robert McBratney 
Geo. S Hillyer James F. Forman J. K. Judson S. M. Irvin Benjamin Harding 
Edmund Fish 

The Senate amendment No 2 was concurred in amendment No. 1. was 
nonconcurred in 

Yeas & Nays on noncurrence being ordered resulted Yeas 15 Nays 12 
Yeas Bowker Button Beam Carver Dickey Drinkwater Foster of Maple- 
ton Foster of Ossawatamie Giddings Harvey Leonhardt McFarland Phillips 
Tabor & Williams 

Nays Abbott Blood Beach Cutler Frost Jamison McClure Orr Saunders 
Sparks Tator Walker 

Mr Walker offered the following resolution 

Resolved the senate concurring that the General Assembly adjourn sine 
die at 12 o'clock P. M. the 13th inst 

Mr. Blood moved to amend by striking "12 o'clock P. M. the 13th inst" 
and inserting "12 M last Saturday in June" 

On motion the Resolution and amendment were laid upon the table 



248 



Kansas State Historical Society. 



Message from the Senate 

. Mr. Speaker I have the honor to inform that the following bill supple- 
mentary to the census bill has passed the Senate & respectfully ask your 
concurrence in the same 

On motion to suspend the rules for the 2d reading of the bill supplementary 
to the census act, Yeas and Nays being ordered resulted Yeas 25, Nays 0. 

Yeas Arney Abbott Blood Bowker Button Beam Beach Dickey Drink- 
water Foster of Mapleton Foster of Ossawatamie Giddings Harvey Jamison 
Leonhardt McFarland McClure Orr Saunders Sparks Phillips Tabor Tator 
Walker Williams and the bill was read a second time 

On motion to suspend the rules for a third reading Yeas and Nays being 
ordered resulted as follows Yeas 25 Nays 0. 

Yeas Arney Abbott Blood Bowker Button Beam Beach Dickey Drink- 
water Foster of Mapleton Foster of Ossawatamie Giddings Harvey Jami- 
son Lionhart McFarland McClure Orr Phillips Saunders Sparks Tabor Tator 
Walker Williams 

On motion the house took a recess for 20 minutes 

Committee appointed to compare Bills reported by their Chairman Mr 
Foster of Mapleton 

Mr. Abbott offered the following resolution 

Resolved that the Auditor be and is hereby authorized to issue Scrip to 
the members of this assembly and officers of State for the amount due them 
for their services according to law Resolution not acted upon 

Message from the Senate 

Mr. Speaker I have the honor to inform that the Senate has passed 
the following concurrent resolution respectfully asking the concurrence of 
of the House of Representatives to the same 

Resolved the House of Representatives concurring that the General 
Assembly do adjourn sine die at 11% o'clock P. M. 

A. Allen Sec Senate 

Mr. Blood moved to amend by inserting at 12 M. in the first Monday 
in July next motion carried 

On motion of Mr. Cutler the vote was reconsidered and the House con- 
curred in the Resolution of the Senate to adjourn at 11 3^2 o'clock P. M. 

Message from the Senate 

Mr. Speaker I am directed to inform the House of Representatives 
that the Senate have not concurred in House amendment on Resolution 
relative to adjournment 

Message from the Governor. 

Executive office 
Topeka June 13, 1857 
To the Senate and House of Representatives State of Kansas 

Gentlemen I have this day signed an "act providing for the annual 
election for the year 1857 and annually thereafter" 

signed C. Robinson 

On motion of Mr. Walker a "vote of thanks for the able and impartial 
and dignified manner in which he has performed the duties of his office " 
was given to the Speaker 



Notes on the Territorial History of Kansas. 249 



Mr McClure offered the following resolution which was adopted 

Resolved that the thanks of this house be tendered to the Chief Clerk 
and assistants for the prompt and efficient manner in which they have per- 
formed their arduous duties 

Message from the Governor 

Executive office 
Topeka, June 13, 1857 
To Senate and House of Representatives of State of Kansas 
I have this day approved the following acts viz: — 

An act for the location of the seat of Government for the State of Kansas 
An act for taking the census and to provide for the apportionment of 

Representatives of the State of Kansas 

An act entitled A supplement to an act entitled an act for taking the 

census and to provide for the apportionment of Representatives of the 

State of Kansas 

Also a joint resolution relative to memorial to congress An act to establish 
the State University 

signed C. Robinson 

House adjourned Sine die 



SOME NOTES ON THE TERRITORIAL HISTORY OF 

KANSAS. 

Written for the Kansas Historical Society by Franklin B. Sanborn, of Concord, Mass. 

KANSAS IN 1856. 

AMONG old papers I have lately found some that throw light on the in- 
terest taken by the late Col. Thomas Wentworth Higginson in the 
troubled affairs of Kansas in September, 1856, when he was leading a party 
of emigrants through Iowa to Topeka, and was corresponding for the Tribune 
of New York — letters that afterward were issued in his pamphlet "A Ride 
Through Kansas." While on this expedition I was in frequent correspond- 
ence with Horace White, then Clerk of the National Kansas Committee, at 
Chicago, and received from him the following letter of September 26, 1856: 

"I take the liberty of sending you some intelligence of Mr. Higginson. 
At our latest date he was expecting to camp on the Little Nemaha on the 
eve of Wednesday, the 17th. A messenger arrived from Lawrence reports 
the road open, and Lane coming up from Kansas with an escort of 100 men — 
whether to escort Higginson or to avoid arrest we are not informed. The 
border ruffians will have it that Geary was after him, though we know better. 
If Mr. Geary don't want to give his crony Buchanan a finishing stroke in 
Pennsylvania and Indiana he had better correct that news pretty soon. We 
shall not incur large expense in doing it for him. Things are looking finely 
for us now. Mr. Higginson had some 250 men in his party, and a large quan- 
tity of arms and ammunition. His conduct thus far has been above praise; 
the committee are more than gratified with it. We address him at Nebraska 
City: may hear from him by special messengers in a few days." 

At the date of this letter, Higginson, with James Redpath and 135 emi- 
grants, reached Topeka, Gen. Lane having met him at Nebraska City and 
passed on eastward, to make speeches for Fremont in the presidential cam- 
paign then going forward. Higginson heard him at Nebraska City, and was 
struck with his eloquence. Letters from me and other Kansas committee- 
men reached Higginson at Nebraska City, where he_remained a day or two, 



250 



Kansas State Historical Society. 



and took Lane out to see his emigrants encamped near by. The party were 
not intercepted; but at Lawrence, a week later, Higginson met a party of a 
hundred dragoons of the United States army, that had been under orders to 
intercept him, but had somehow missed him. A letter from Governor Geary, 
dated Sept. 19, has recently come into the hands of Charles E. Goodspead, 
an autograph collector, which throws light on the motives and acts of Geary 
at this time. It was addressed to Col. Persifor F. Smith, commanding dra- 
goons in Kansas, and informs him of the pacification of Lawrence, Topeka 
and other free-state towns, and the retreat of the Missouri invaders. He 
congratulates Colonel Smith on this result, and says it secures the election 
of Buchanan at the coming November vote for President; then, Geary adds, 
"You ought to be made a brigadier general, and I shall do what I can to 
promote this." He says he is watching for Lane's entry from Nebraska 
with an army of emigrants, and by the aid of treachery among Lane's party 
Geary hopes to entrap him. At this date Lane was at Nebraska City meeting 
Higginson, who was one of the leaders of the "army." Lane had no thought 
of returning to Kansas at this time, but was on his way east, to speak in 
New York and Boston for the election of Fremont. Geary was either de- 
ceived or was trying to please both sides, for he was organizing free-state 
men under Samuel Walker as marshal, and plainly favoring the free-state 
cause, which he saw was that of the majority of the settlers. He writes to 
Colonel Smith suggesting what he was about recommending to President 
Pierce — the removal of the ultra-southern officers for the sale of land in the 
Territory, and the appointment of better men; for he says the sale of lands 
to actual settlers should be in all ways promoted. The letter is a singular 
evidence of the vanity of Geary, who was then losing the confidence of the 
President and Jefferson Davis by the very course which was helping to carry 
Pennsylvania for Buchanan — an honest repression of the border ruffian out- 
rages. When I saw him in Philadelphia in March, 1857, after his removal 
and Buchanan's inauguration, he was bitter in his denunciation of Pierce 
and Davis, and plainly disappointed in Buchanan. Higginson, being then a 
clergyman, preached at Lawrence early in October, and on the 4th wrote to 
the Tribune a letter from that town, giving what he heard and saw there con- 
cerning the attack on Lawrence three weeks earlier, of which such conflicting 
accounts have been given. This attack was threatened on Saturday the 13th 
of September, but actually was made on Sunday the 14th. Higginson wrote 
from Lawrence: 

The army which approached it [the town] consisted of 
2800 by the estimate here — 3000 by Gov. Geary's estimate, and 3200 by 
the statement of The Missouri Republican, in a singular article, which de- 
scribed the capture of the town, although it never happened. This force 
was in sight the greater part of the day, and though Governor Geary's aid 
was invoked, it was known that it could not arrive till evening; thus allowing 
time for the destruction of everything. 

"Against this force, the number at first counted upon was one hundred; 
that being the supposed number of fighting men left after the arrest of the 
hundred about whom I wrote you, as prisoners. To the surprise of all, 
however, more than two hundred rallied to the fort. The lame came on 
crutches, and the sick in blankets. 

"Two hundred men against fourteen times their number: And the fort 
a mere earthen redoubt, of no pretensions — for the only fort worth the name 
is on the hill above the town, and was at this time useless. And yet (here 
comes the point) I was assured by Gov. Robinson and a dozen others, that 



Notes on the Territorial History of Kansas. 



251 



among this devoted handful the highest spirits prevailed; they were laugh- 
ing and joking as usual, and only intent on selling their lives as dearly as 
possible. 

"They had no regular commander, any more than they had at Bunker 
Hill; but the famous 'Old Captain Brown' moved about among them, say- 
ing, 'Fire low, boys; be sure to bring down your eye to the hinder sight of 
your rifle, and aim at the feet rather than at the head. ' 

"A few women were in the fort that day — all who could be armed. Others 
spent the whole Sunday making cartridges. I asked one of these how she 
felt. 'Well, I can't remember that I felt any way different from usual,' 
answered the quiet housekeeper, after due reflection. So they all say. One 
young girl sat at her door, reading, a mile or so from the scene of action. 
'Once in a while I looked up,' she said, 'when there was a louder shot than 
usual. ' 

"The chief fighting was among skirmishers, and there was no actual at- 
tack on the fort. ... I only mention the affair to show the spirit of 
buoyant courage which almost universally prevails. It must be remembered, 
also, that even now these people are poorly armed, and still worse off for 
ammunition. On this occasion they had but a few rounds apiece. 

"Persons at the North who grudge their small subscriptions to Kansas, 
should remember that a few dollars may sometimes save a thousand. Osa- 
watomie was sacrificed, after one of the most heroic defences in history, for 
want of ammunition. Brown and twenty-seven others resisted two hundred, 
killing thirty three and wounding forty-nine (eighty-two in all, by the Pro- 
Slavery statement), and then retreated through these, with the loss of but 
one man, shot as he was swimming the [Pottawatomie] creek. A hundred 
dollars' worth of ammunition would have prevented, on that occasion, the 
destruction of $60,000 worth of property." 

These particulars, whether exact or not, were such as Higginson, with the 
best opportunities, could gather within a few weeks of the events related. 
He left Kansas October 9, by the Missouri river, and so did not see Brown 
himself, who was then leaving the territory by the northern overland route, 
reaching Tabor in Iowa the same day that Higginson embarked on the river 
steamer. They met for the first time, at my invitation, in Boston the next 
January. Their last meeting was here in Boston, late in May, 1859. 



THE KANSAS TERRITORIAL ELECTION OF OCTOBER, 1857. 

(From unpublished letters of T. J. Marsh and others.) 

In May, 1908, while presenting facts in the early history of Kansas, I 
cited to the Massachusetts Historical Society the account given by Hon. 
Henry Wilson, afterwards Vice President of the United States, of his share 
in the successful organization of voters in Kansas for the important election 
of October 5-6, 1857. After mentioning that he visited Kansas in May, 1857, 
on the Missouri river steamer which carried the new territorial governor, R. 
J. Walker, to Lecompton, Mr. Wilson detailed the steps which he took in 
Boston and New York to raise money for the organization of Kansas voters — 
resulting in pledges of more than $3000 — and added: "Thomas J. Marsh, 
a gentleman of integrity and organizing ability, was selected as agent, and 
he left for Kansas, 2nd of July, where he remained till after the .October 
election." 

In the year 1912 the confidential letters of Mr. Marsh to my friend George 
Luther Stearns, of Medford, came within my reach; and as they describe 
exactly what he did and what was done by others in the three months he 
was engaged in this political business, I have thought it worth while to let 
the story be told more fully than has yet been done, including the singular 
conversion of this Governor Walker from his first position on the proslavery 



252 



Kansas State Historical Society. 



side to his later free-state attitude, which led to his removal from the office 
to which President Buchanan had appointed him. 

Mr. Marsh, arriving at Lawrence about the middle of July, soon found 
himself again followed there by Governor Walker, who had in late May 
followed Mr. Wilson and Dr. Howe to Lawrence, and spoke along with them 
at a public meeting, May 27. He had landed with Mr. Wilson from the 
steamboat New Lucy at Quindaro, May 24, and had issued his inaugural 
address at Lecompton the morning before driving over to Lawrence, to be 
present at Senator Wilson's meeting the evening of May 27. In his official 
salutation to the people of his government, Walker broached the fallacy 
earlier promulgated by Daniel Webster and since adopted by Mr. Villard, 
in these terms: 

"There is a law more powerful than the legislation of man, more potent 
than passion or prejudice, that must ultimately determine the location of 
Slavery in this country; it is the isothermal line; it is the law of the ther- 
mometer, of latitude or altitude, regulating climate, labor and productions, 
and, as a consequence, profit and loss. . If, from the operation of 

these causes, Slavery should not exist here, I trust it by no means follows 
that Kansas should become a state controlled by the treason and fanaticism 
of Abolition. . . That Kansas should become hostile to Missouri, 
an asylum for her fugitive slaves, or a propagandist of Abolition treason, 
would be alike inexpedient and unjust, and fatal to the continuance of the 
American Union. " 

Two days after Mr. Marsh's arrival at Lawrence, which seems to have 
been Saturday, July 13, 1857, Governor Walker, instigated by the fact that 
Lawrence had just held a city election, issued a proclamation denouncing 
the Lawrence men as rebels, and ordered a body of United States troops to 
encamp near their town. The same day (July 15) he wrote to General Cass, 
Buchanan's secretary of state: 

" . . . Lawrence is the hot bed of all Abolition movements in this 
Territory. It is the idea established by the Abolition societies at the East, 
and whilst there are a respectable number of people there, it is filled by a 
considerable number of mercenaries, who are paid by the Abolition societies 
to perpetuate and diffuse agitation throughout Kansas, and prevent the 
peaceful settlement of this question. 

"Having failed in inducing their own so-called Topeka State Legislature 
to organize this insurrection, Lawrence has commenced it herself; and if 
not arrested, rebellion will extend throughout the Territory. . . . the 
continued presence of Gen. Harney is indispensible, and was originally 
stipulated by me, with a large body of dragoons and several batteries." 

So it seems that the great isothermal law could not be trusted to settle 
the salvery question, without the aid of dragoons and batteries. Abraham 
Lincoln's view was different. He had said in a Springfield speech less than 
three weeks before (June 27, 1857): 

"Nothing but bold, wicked despotism has ruled or reigned there [in 
Kansas] since it was organized into a Territory. . . . It is your 
Squatter Sovereignty. Let Slavery spread over the territories, and God 
will sweep us with a brush of fire from this solid globe." 

While Walker was thus fulminating, the people were gathering in con- 
vention at Topeka, and Mr. Marsh was in attendance. In his second letter 
to Mr. Stearns, dated at Lawrence July 18, he said: 

"Since writing ... I have been at Topeka to attend the Con- 
vention of the Free State party. I went up Monday and returned yester- 



Notes on the Territorial History of Kansas. 253 

day. The Convention was large [187 delegates], its doings entirely har- 
monious — every one seemed pleased with the result. . . As an evi- 
dence of their earnestness, let me say that in the convention were men who 
had to ride more than a hundred miles, from the extremes to the place of 
meeting, and this not by railroad conveyance, but on horseback very many 
of them, with the thermometer ranging all the time from 95 to 110 degrees, 
and consuming, including the two days occupied by the meeting, not less 
than from a week to ten days time. 

" . . . Gov. Walker is making a stir here. When I got back yester- 
day I found two companies of U. S. dragoons parading the streets. Col. 
Cook is said to be in command. Walker is with the troops just on the out- 
side of the town this morning. U. S. Marshal Dennis is here — Perrin, 
Stanton, etc., — and all for what? Why simply because the people last 
Monday [July 13] chose some city officials to bury dead horses and remove 
other nuisances, without consulting with His Majesty, or acknowledging 
the majesty of the Missouri-elected Territorial bogus laws. . There 

is some talk that the marshal will make some fifty arrests this morning, but 
I don't believe it. A meeting was held here last evening to ratify the doings 
of Topeka — a motion was made and voted without dissent, that the citizens 
would keep at their business and have nothing to say to Walker, only through 
their municipal head, Col. James Blood, Mayor Elect." 

On July 20 and 21 Mr. Marsh again wrote Mr. Stearns: 

"-. . . The good people of Lawrence are busy as usual about their 
affairs, while the Governor is just on the west of the ravine in sight of Mass. 
Street, in camp with his six hundred troops, and the thermometer up to 105. 

Unless he is waiting instructions from Washington, he may 
develop his plans today." 

[July 21] " . Yesterday he [Gov. Walker] came over from 

Lecompton, having gone there Saturday evening [the 18th] and dined 
[in Lawrence] at the Morrow House, this was the first time since his arrival 
on Friday that he had been seen only at the camp. Having known [him] 
while he was Sec. of the Treasury [under Polk], I spoke with him, he ap- 
peared glad to see me, and was indeed very cordial. He gave me a polite 
invitation to visit him at Lecompton. As he said nothing of the reason why 
he was here with his army of occupation, I did not allude to it. I am told 
that there is none of the officers who know anything of his purposes, present 
or ultimate, not even Col. Cook, commanding. . . . While he is 
apparantly undecided what to do, the people seem to care as little what he 
does, all are quiet and attending to their ordinary affairs, as though he were 
not in their midst." 

His dragoons remained in their camp till August 3, when all but forty 
of them moved away, followed by the ridicule of the Lawrence people, at 
this their "fourth siege," as they called it. Meantime Mr. Marsh went 
about his errand, paying for the census-taking which was needful before the 
October voting, and visiting the hostile factions among the free-state men. 

To quote again from his letter of July 18 in relation to the Topeka con- 
vention and the taking of the census: 

"The next thing to be done is to canvas the Territory. ... A 
Central Committee was chosen who were to have the management of the 
canvass. 1 I suggested the importance of having the Districts by their 
delegates present, holding meetings and temporarily organizing for the 
campaign — this was done, and I believe all agree that thereby much time 
and expense saved. Notices for meetings in every precinct where polls are 
opened have been printed, and many of them sent out, the speakers are 
announced, &c. All agree in saying that a good vote will be polled, by far 



1. This committee was James Blood, A. Curtiss, S. E. Martin, R. Mayfield, W. F. M. Arny, 
W. R. Griffith, Henry Harvey, J. P. Root, G. S. Hillyer, A. A. Griffin, F. G. Adams, H. Miles 
Moore, A. Larselere, E. S. Nash. 



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Kansas State Historical Society. 



the largest ever yet in Kansas. . . . One point is certainly gained — 
discordant elements have been harmonized, and all the leading men will 
act in concert. . . you will hear no more of petty, personal feuds, 
this is certain. I have seen them all and told them that they could not, at a 
time when so much was depending, afford to contend among themselves, 
they had a common enemy that all must unite upon." 

Further on in the letter he writes concerning the census: 

"The work of census taking has not been completed, some 50 thousand 
inhabitants have been returned; the number of votes is much larger in 
proportion to the whole number of inhabitants than with us. As an instance 
I saw one return that [with] the number of a Township thus: voters 1584, 
Total 3008. The census will be continued, it is said there is a large portion 
not yet taken." 

On July 21 he wrote: 

"I called upon George W. Brown, Esq. this morning; I believe I have 
now seen all the apparantly hostile chiefs. Mr. Brown I think is well dis- 
posed. There may be some personal matters not entirely settled, but I 
trust & believe these will all be deferred until all the elections have been 
held. I told Mr. Brown, as I have told the others, that their differences are 
a source of grief to all their friends East. No matter who was right or who 
wrong, they were furnishing aid and comfort to their enemies, and sorrow 
to their friends. That friends at home, nor myself, would have only one 
feeling and one wish to express and that was union of all the friends in Kansas, 
for the freedom of Kansas." 

His letter of August 7 is here quoted in full: 

"Private Lawrence, K. T. August 7, 1857. 

"My Dear Sir: I understand Mr. E. B. Whitman is going to start for 
the East on Monday. And as the proper disposal of the money entrusted 
to my care, in some measure depends upon the fact of no other person's 
knowing anything about the amount but myself that from time [to time}: 
may be sent me, I hope you will not deem it wise to communicate to him 
any information in regard to it except generally. Money is wanted [here] 
for all manner of purposes. I pay such bills, and such only, as I think you 
will approve. I have not nor do I intend to encourage any expenditures 
that do not seem to be absolutely necessary. 

I am yours truly 

"Geo. L. Stearns Esq. Boston Thomas J. Marsh" 

The caution implied in this letter needs here an explanation. Our state 
Kansas committee, of which Mr. Stearns was chairman and I was secretary, 
had employed Mr. Whitman as our agent for receiving goods, distributing 
supplies, etc., and had found him trustworthy. But at this time he was 
engaged, along with Gen. J. H. Lane, in a military organization for the 
protection of the polls at the coming election — or for any other military use 
which General Lane might think proper. Probably Mr. Whitman thought 
that some of the money in Mr. Marsh's hands might well be used to com- 
plete the military recruiting and arming, with which Mr. Marsh's instructions 
gave him nothing to do. Another agent of our committee was John Brown, 
to whom we had given the custody of our two hundred Sharps' rifles, bought 
by Dr. S. Cabot in 1856, and forwarded by Dr. J. P. Root, under Brown's 
personal escort, to Tabor in Iowa, in October, 1856. There they remained, 
and there Captain Brown was directed to find and take care of them until 
they might be needed. Early in September, 1857, Brown reached Tabor 
from the east, much delayed by illness, and put himself in communication 
with the tried and stanch friends he had in Kansas, viz.; William Phillip s„ 



Notes on the Territorial History of Kansas. 255 

afterwards congressman, Augustus Wattles, M. F. Conway, E. B. Whitman, 
James H. Holmes, and his brother-in-law Adair, and H. H. Williams at 
Osawatomie. He also, rather unwillingly, communicated with General 
Lane, in whom he had not much confidence. Lane wrote to Brown (Sept. 7.) 
from Lawrence, thus: 

"We are earnestly engaged in perfecting an organization for the protection 
of the ballot-box at the October election (first Monday). Whitman and 
Abbott have been east after money & arms for a month past; they write 
encouragingly, & will be back in a few days. We want you, with all the 
materials you have. I see no objection to your coming into Kansas publicly. 
I can furnish you just such a force as you may deem necessary for your pro- 
tection here, & after you arrive. I went up to see you, but failed. 

"Now what is wanted is this — write me concisely what transportation 
you require, how much money, & the number of men to escort you into the 
Territory safely & if you desire it I will come up with them." 

"To Captain John Brown, Tabor." 
In reply Brown said (Sept. 16.): 

"I suppose that three good teams, with well covered waggons, & ten really 
ingenious, industrious men (not gassy) with about $150. in cash, could bring 
it about in the course of eight or ten days." 

But Brown's other friends in Kansas rather warned him against putting 
the valuable arms out of his own custody, and saw no immediate need of 
them in Kansas. Mr. Phillips, who had undertaken in June to superintend 
the census-taking, of which Mr. Marsh speaks, and for which he was paying, 
wrote to Brown, June 24, thus: 

"I have received [June 13] the task of superintending and taking the 
census for the State election. As means are limited, those who can must 
do this. It will require my presence and most active efforts until the 15th 
of July. There is no necessity for active military preparations at this time, 
but so far as you have the elements of defence at your command, I think 
they are safer with you than with any one else." 

Two months later (August 21) Mr. Wattles, a good friend both of Brown 
and of Colonel Montgomery, wrote as follows, exposing the hollow factions 
in the party, which Mr. Marsh was pacifying: 

"Mr. Whitman and Mr. Edmonds are both gone East. Dr. Robinson's 
failure to meet the [Topeka] legislature last winter disheartened the people, 
so that they lost confidence in him and in the movement. Although in the 
convention [of July 16] we invited him to withdraw his resignation [which 
he did], yet the masses could never again be vitalized into that enthusiasm 
and confidence which they had before. Another mistake, equally fatal, 
was his attack upon George W. Brown and the Herald of Freedom; thus 
leading off his friends into a party by themselves, and leaving all who doubted 
and hated him in another party. This war between the leaders settled the 
question of resistance to outside authority at once. Those who had enter- 
tained the idea of resistance have entirely abandoned it. Dr. Robinson 
was not alone in his- blunders. Col. Lane, Mr. Phillips and The Republican 
made equally fatal ones. Col. Lane boasted in his public speeches that the 
Constitutional Convention at Lecompton would be driven into the Kaw 
river by violence. Mr. Phillips boasted this and much more, in the New 
York Tribune. The Republican boasted that old Capt. Brown would be 
down on Gov. Walker and Co., like an avenging god. This excited Walker 
and others to that degree that they at once took refuge under the U. S. 
troops. Whatever was intended, much more was threatened than could 
possibly have been performed unless there was an extensive conspiracy. 
This Gov. Walker says was the case. Conway thinks all will go off quietly 



256 Kansas State Historical Society. 

at the election. Phillips has come out in favor of voting in October. They 
intend to cheat us; but we expect to beat them. Walker is as fair as he 
can be, under the circumstances." 

This was the conclusion to which Mr. Marsh finally came; for he saw 
that the Government was following the precedent set by Governors Reeder 
and Geary, and was going over to the free-state side. Writing to Mr. Stearns, 
August 11, Mr. Marsh said: 

"E. B. Whitman Esq. leaves this evening for the East. . . . Since 
the election on the third of August everything has been very quiet. 
It is feared by many . . . that the Free State men will not have a fair 
chance to vote in October, notwithstanding the fair promises of Walker. 
They fear things will be so arranged by the pro-slavery officials, that the 
Free State men will be beaten, although they are as 7 or 8 to 10. The tax 
question troubles them. . . If a tax is required they won't pay it, 
consequently they won't vote. There is to be a Mass and Delegate Con- 
vention at Grasshopper Falls 2 on the 24th or 26th inst., when a final deci- 
sion will be made. At Topeka they voted unanimously to go into the October 
election, upon the strength of Walker's promises of a fair election. I am 
urging them to have a committee of responsible & respectable men, say 
5 or 7, chosen from different sections of the Territory, to call upon Gov. 
Walker in behalf of the Free State party, and ascertain what he means by 
his promise to them, viz: 'That you, the whole people of Kansas have a 
right to vote for a Territorial Delegate to Congress, and for members of the 
Territorial Legislature, not under the Territorial laws, but a law of Con- 
gress ' ; and to have this done before the convention at Grasshopper. If he 
evades, or will not answer, urge him by stating their desire to vote, if his 
promises can be made good in a fair election. . . I do not myself 
believe there is any such law of Congress under which they can vote, and I 
believe Walker knows there is none. I shall urge them to vote as long as 
it will be of any avail." 

Mr. Marsh wrote again, August 27, the day after the second convention, 
saying among other things: 

"The [Grasshopper Falls] Convention yesterday was well attended, all 
portions of the Territory was represented, ( I send a detail of the same to 
the [Boston] Traveler). And notwithstanding the very able speech of Judge 
Conway in opposition to voting [in October], upon the question being taken, 
the only dissenting vote was the Judge himself. They voted to go into the 
election with all the power they have, and for all the officers. Delegate to 
Congress, Territorial Legislature, and all the minor offices. The plan I 
mention was adopted of having some one or two men at each voting precinct 
to keep a poll book and record the name of every voter, who he votes for, 
and if refused, upon what ground; so that if there is any fraud their books 
may [be] verified under oath, and such persons as may be elected by fraud, 
have notice and their election contested. 3 Marcus J. Parrott of Leaven- 
worth, was nominated for Territorial Delegate to Congress unanimously. 
A Central Territorial Committee was chosen, and the usual preliminaries 
adopted for going into the work in earnest. 

"I have acknowledged the receipt of your authority to draw for five 
hundred dollars &c. I find it not best to be in funds all the time, and safe 
to make but few promises. ... I know it [money] will be needed, 
there is much work to be done, and very much depends on its being well 
done. I have thus far paid little else than actual cash expenses, this has 
been considerable, expecially in taking the census. ... I have drawn 



2. At this convention voting was favored by Lane, Robinson, Smith, and others, and op- 
posed by Conway, Phillips and others, but carried by a large majority. 

3. In fact two great frauds were detected, October 19 and 22, and the votes were thrown 
out by Governor Walker — at Oxford, 1628 votes, and in McGee county, more than 1200 votes. 



Notes on the Territorial History of Kansas. 257 

for nothing save the $100 in a draft in favor of my Son. ... Gov. 
Robinson has just handed me two hundred dollars to be used for the Free 
State cause, forwarded by Amos Lawrence, Esq." 

This is the first and only mention of Dr. Robinson in the Marsh letters, 
I believe. He can have had very little to do with the raising or expenditure 
of money, although active on all public occasions, and at this time very 
radical, as he had been in 1856. 

On September 2, Mr. Marsh wrote: 

" . the much talked of military organization of Gen. Lane's 

will do good in name, not much beyond that." In relation to this military 
organization he had said in his letter of August 11. 'The Judge [Conway] 
is engaged in the military organization acting in the capacity of Adjutant 
General. . Mr. Redpath is assistant to Conway, and Mr. Whitman 

is Quartermaster General. I could not promise them money for salaries or 
other expenses, unless authorized so to do.' " 

To continue from the letter of the 2d of September. 

"The Free State men are relying somewhat upon Walker's promise for 
a fair election. It is understood that he will not require any qualifications 
but an actual residence of six months. This will deprive the emigrants of 
this spring, who came in since the 5th of April of their vote, but you should 
be astonished to see how many of them will have been in the Territory 
six mo's and a few days, and how few will be short, who will fail of a vote. 
The residence required is Territorial, and not in any particular county or 
township. At the Grasshopper Convention a committee was appointed to 
call on Gov. Walker and urge upon him an alteration of the wicked and 
unjust apportionment [of members of the Legislature]. The Committee 
waited upon him on Friday at Lecompton and submitted their request in 
writing, and also several other interrogatories touching the election. 
He declined at once to meddle with the apportionment, [but said] that 
their other inquiries were proper and entitled to a plain and respectful 
answer, and that he would communicate to them his answer in writing at 
Lawrence in a few days." 

On September 7 Mr. Marsh writes: 

" . Gov. Walker has not, up to this time, 5 P. M., sent the 

committee his promised reply to the written interrogatories made on the 
28th of August. He is said to be preparing an address to the Southern Fire 
Eaters in defence of his position upon Kansas affairs. When I last heard 
from it, 64 pages was then written. ... I could use more money 
advantageously if I had it, but shall confine myself to your instructions. 

I have paid out for various purposes, $744.80, by far the larger 
part for the census, and the bal. for the August election. My own expenses 
driving about here, and my expenses coming here, will make one hundred 
more, besides my board. So that I shall not have more than about $550 
for the present use." 

All went as Mr. Marsh predicted. In the last letter before me, date 
September 28, written after a fortnight's tour in the southern and western 
counties (such as were then inhabited) he wrote: 

" . .1 see you fear distracted counsels, by reason of Conway, 

Phillips Redpath and others. I am happy to say your fears are entirely 
groundless. Conway does not attempt the slightest opposition, he stands 
neutral. Phillips will vote. Gen. Lane has Redpath at Doniphan, he is 
about starting a newspaper there, the "Crusader of Freedom." I don't 
believe there will be more than three in Lawrence, and so far as I can learn 
there are none among the Free State party, that are entitled to, who will 
not vote. I did not see or hear of the first man during my trip in the southern 
counties who would not vote. You may rest assured that the people are 



258 



Kansas State Historical Society. 



united and earnest. . My opinion is that Parrott will be elected 

to Congress, and that the Free State party will elect a good working majority 
in both branches in the Territorial legislature. ... I suppose when 
I have been cheated as much as the men of Kansas have, I may be less 
sanguine." 

In fact the old residents still feared frauds, and had reason for their fear. 
Rev. S. L. Adair, John Brown's brother-in-law, living at Osawatomie, and 
writing to Brown from there, October 2, said: 

"Walker has disgraced himself; has not fulfilled a pledge made in his 
Topeka speech. An invasion, such as we had in '54 and '55 I do not expect; 
but doubtless many votes from slave states will be smuggled in and fraudulent 
returns will be made. Nor do I suppose it will be possible for the Free State 
men to show up the frauds. Hence I rather expect the pro-slavery men 
will carry the day, October 5." 

The first returns gave the proslavery men a majority in the legislature, 
although Parrott for Congress had nearly two to his opponent's one. General 
Lane ordered his militia to rendezvous at or near Lecompton, October 19; 
held a meeting there that day, and made one of his most effective speeches, 
exposing the frauds. Walker and his secretary, Stanton, were alarmed, and 
could not in fairness do anything but throw out some 2800 illegal votes. 
This gave the free-state men nine members to four in the council and 24 
to 15 in the house; putting the legislature in their hands. Judge Cato, the 
pro-slavery magistrate, issued a peremptory mandamus to Walker directing 
him to count the fraudulent votes, October 20, but received a written refusal 
the same night. Walker left Kansas soon after, and resigned his office 
December 17, 1857. Stanton then became acting Governor, but was re- 
moved by Buchanan before Christmas, 1857, and J. W. Denver was made 
Governor in his place. 

How well Walker had foreseen in his inaugural, quoted above, that Kansas 
would be a resort for fugutive slaves, may be seen by the correspondence of 
Colonel Montgomery with G. L. Stearns in the latter part of 1860. 



COLONEL MONTGOMERY AND HIS LETTERS. 

James Montgomery was born December 22, 1814, somewhere in Ashta- 
bula county, Ohio. But, as he told me himself when he visited me for a 
single night in the summer of 1860 at Concord, his two grandfathers both 
fought at Bunker Hill on the American side — his grandfather Montgomery 
then residing in New Hampshire, where his father was born. His great- 
grandfather fought at Culloden for the young Pretender, and afterwards 
fled, first to Ireland and then to America. Gen. Richard Montgomery, born 
in Raphoe, Ireland, in 1736, was younger than this great grandfather, but 
apparently of the same family, and it may have been to his father's house 
in Ireland that the Jacobite Montgomery fled in 1745. 

In Ohio James received a good education, and when a young man (in 
1837) removed to Kentucky with his parents. There he taught school for 
some years, married twice, and became a Campbellite preacher. His first 
wife lived but a few years; he soon married again, and in 1852, when 38 years 
old, he removed with his wife and children to Pike county in western Missouri, 
where he lived a year. In 1853 he removed to Jackson county, to await the 
opening of Kansas for settlement, proposing to take up land there in 1854. 



Notes on the Territorial History of Kansas. 



259 



Dr. Thornton, a prominent citizen of Jackson, advised him not to go into 
Kansas, for he would certainly find trouble there as a free-state man; ad- 
ding that "the Missourians did not intend to let the free-state men settle in 
Kansas." He advised Montgomery to go to Bates county, Missouri (from 
where in 1858-'59 John Brown took slaves and set them free in Canada) and 
where he might find plenty of land as good as in Kansas. Acting upon this 
friendly advice, Montgomery went into Bates county late in July, 1854, but 
only stayed there a, few days. He did not like the land offered him; and as 
little was he pleased with the spirit of the Missourians in assuming to pre- 
vent peaceable free-state men from settling where anybody had a right to 
go. He therefore crossed the line into what was then called Southern Kansas, 
and made his first halt at Sugar Mound, near the present site of Mound City, 
where he bought the right or claim of a proslavery Missourian to a lot of 
land lying five miles west of Mound City, paying him five dollars down and 
promising to pay the rest, five dollars, when it should become due. He then 
left his young family on the new-bought land-claim, and returned to Jackson 
county, to build a barn for Dr. Thornton; on the completion of which he 
received three hundred dollars. This was his chief property, along with his 
land (not then paid for to the Government), when he settled in Kansas, 
where he ever after lived, except while a soldier in the United States service 
during the Civil War. The Kansas historian, Andreas, thus describes him 
in the autumn of 1854, six years before I saw him: 

"He was now forty years old, about six feet high, lightly built, with a 
high forehead, Roman nose, and a clear, penetrating blue eye. He wore his 
hair parted in the middle, which gave him a slight resemblance to Col. J. C. 
Fremont. His voice was low and musical, his speech fluent, logical and per- 
suasive. His convictions were strong, and in the execution of his designs he 
was prompt, decisive and yet cautious; in battle courageous, and generous 
in victory. Like Brown, he fought as he prayed, and hence was a dangerous 
enemy. One peculiarity was that he seldom fought upon a preconceived 
plan — developing and executing his plan at the moment of necessity. When 
he and Brown set out together to liberate Rice, a free-state prisoner, Brown 
is said to have withdrawn when he found that Montgomery had laid no plan 
for his attack on the hostile town. Montgomery went on alone and suc- 
ceeded; upon which Brown praised him and his plan." 

The fact was that Brown, though quick as lightning in action, had care- 
fully arranged his plans beforehand; while Montgomery trusted to his native 
genius to bring him through on the spur of the moment. The description of 
Montgomery's person agrees with my recollection of him, though I should 
have set his height an inch or two below six feet, which was about Brown's 
stature. Never was I more surprised than in meeting this slender, elegant 
and cultivated man, a French chevalier rather than the customary Kansas 
pioneer, with whose type I had become familiar in the four preceding years. 
Here was a man, with a gentle voice, a modest and polite exterior, as much 
at home in the manners of society as if he had come from a French chateau 
or Scotch castle; without parade or affectation; and meeting Emerson, to 
whose house I took him in the evening, on the frank and equal terms which 
the training of a gentleman implies. It was evidently in the lines of heredity; 
he knew his place, and was ready to assert it if questioned; but otherwise, 
like Sir Lancelot, "the meekest knight and the courtliest that ever ate in 
hall with ladies; but the sternest knight to his mortal foe that ever laid lance 
in rest. " 



260 



Kansas State Historical Society. 



His hair was dark and abundant, and he wore a mustache before it was 
quite the fashion to do so; his dress was neat and appropriate, and his con- 
versation frank and simple. 

From the time of his settlement in Linn county, Kansas, as above shown, 
he became a leader, though not forthputting, in the contests of the men around 
Lawrence and Topeka; nor did Brown meet him, to know him, until he re- 
turned to Kansas to patrol the Missouri border in 1858. Brown then wrote 
me that Montgomery was a man after his own heart, a natural leader of men; 
the same phrase that General Hunter used five years later, when Mont- 
gomery and Higginson, both colonels of colored regiments, came under 
Hunter's command in Carolina in 1862-'63. My friend, and the friend of 
every good cause, George Stearns, of Medford, met Hunter in Philadelphia 
in June, 1863, at the Hallowell's and thus quoted him in a letter to Mrs. 
Stearns: 

"Hunter says Montgomery is a natural soldier; endorses fully all I said 
of him: says that Higginson is a good drill-officer, but in fight fails to take 
advantage of his position." 

This, I think, is what Colonel Marple implied when he told me Higginson 
was "no soldier." He was intended by nature for other positions, though 
never lacking in courage, and perhaps lacking in prudence, as his brave but 
useless efforts to rescue Brown and Stevens from their Virginia prison in- 
dicated. 

Montgomery organized his "Self-protective Association" in Linn county 
in 1857 — took command of it, and warned the proslavery men in that year, 
as they had warned our men in 1855-'56, that they must leave the territory. 
They Obeyed his order, returned to Missouri, and peace followed, as it had 
followed Brown's energetic action in 1856, and Geary's final determination 
to uphold the free-state side. Montgomery went back to his farm, but in 
December, 1857, again took the field, to restore the free-state men to their 
homes in Bourbon county, and on the Little Osage. They had been driven 
off the year before by G. W. Clarke, one of the federal office-holders. A 
fight or two ensued, and the proslavery men had the worst of it. Governor 
Denver, who had succeeded Walker and Stanton, sent United States troops 
into southeastern Kansas to put down the disturbance. This encouraged 
the Missourians, and they made a raid on the Little Osage river, Mareh 27, 
1858, in which Isaac Denton, a free-state man was killed, Davis, another, 
seriously wounded, and Hedrick shot in his own cabin doorway. Denton 
lived long enough to tell the tale of his murder, and to charge his sons to 
avenge his death. They were members of Montgomery's band, and it was 
done. James Hard wi eke and W, B. Brockett were the names of the mur- 
derers. 1 Three days later, Marshal John H. Little, of Fort Scott, with a posse 
of United States dragoons under Capt. George T. Anderson attempted to 
ride down Montgomery and his mounted men, who had punished the mur- 
derers. Montgomery made a stand near the Marmaton river, fired on the 
charging dragoons, killing one and wounding several; whereupon the posse 

1. This killing came about through a controversy over a land claim, and the accounts pub- 
lished in the "Andreas History of Kansas," p. 1067, and in the "History of Vernon County, Mis- 
souri," p. 206, do not agree with the statement in the above article. Isaac Denton and his family 
were from Alabama originally, where they were neighbors of James Hardwicke. From Alabama 
they moved to Vernon county, Mo., thence to Kansas, and it is not at all likely that they were 
free-state men, but rather that they placed themselves under the protection of free-state people 
when the trouble over the Hardwicke claim arose. 



Notes on the Territorial History of Kansas. 



261 



retreated to Fort Scott. A. D. Stevens, Brown's lieutenant at Harper's 
Ferry, was Montgomery's lieutenant in this action — the only instance known 
to me which national troops were fired on by free-state men in Kansas. In 
May followed the Trading Post murders by Hamelton, the border ruffian, 
which Montgomery also avenged with his band. In 1859 he came within a 
few votes of election to the Kansas legislature, receiving 838 votes to his 
opponent 847. This shows how his fighting qualities were appreciated by 
his neighbors. He would have joined in an effort to rescue Brown from the 
Charleston prison if Brown had not refused to countenance such an effort; 
and he did join Higginson and others, in February, 1860, in an expedition 
to rescue his lieutenant, Stevens, from that Virginia prison. It came to 
nothing, though Montgomery, trusting to his Kentucky accent and his 
general air of a Southern gentleman, went to Charlestown and reconnoitered 
the ground. He reported that the rescue, even if it succeeded, would cost 
so many lives, that it had best not be attempted. Soon after this he wrote 
the following letter to George Stearns, and in the summer following made 
his first visit to Boston and Concord. 

" Lawrence, Kansas, April 14th, 1860. 

"George L. Stearns: 

"Sir: Pardon me for addressing one whom I have never seen. I assure 
you I am no stranger to your character, and think I would recognize your 
person, were I to see you. 

"If I read the signs correctly, there are stirring times ahead. I have just 
written to Dr. Sam'l Cabot concerning a lot of Sharp's Rifles, and in my 
letter to him, I have referred to you, and F. B. Sanborn of Concord; and 
also to Mr. Higginson of Worcester. Friend G. [Gardiner] has written to 
Mrs. R. [Mrs. Thos. Russell] to send us a flag. If she and her fair friends 
think proper to act upon his suggestions, the present will be thankfully 
received. Friend G. suggests, so he tells me, that the Eagle be supplanted 
by the Great Seal of Virginia. This I think would be eminently proper. 
But let no Stripe or Star be wanting. Retain the Stripes to remind us of our 
former degradation; the Stars to point us upward. 

Very respectfully, 

J. Montgomery. 

"P. S. Should you think proper to write me, please address Mrs. Jane 
Evans, Box No. 15, Mound City, Linn county, Kansas. Excuse a half sheet. 
I am not using my own paper. J. M." 

Gardiner was one of the rescuers of Dr. Doy, and had come on to Boston 
to see Dr. Howe, Mr. Stearns and myself, in the winter of 1859- '60. The 
Mrs. R. was Father Taylor's daughter, Mrs. Thomas Russell. Capt. Mont- 
gomery came here in August, and the next letter relates his return to southern 
Kansas. 

"Mound City, Linn Co. K. T., Oct. 6th, 1860. 

"Friend Stearns: 

"Dear Sir: I arrived safely at home on the 8th day of Sept. and found 
the people greatly excited. The savage butchery of those supposed to be 
free-state men in Texas, and the preparations known to be making in Arkan- 
sas for a like butchery there, together with the diabolical plot for robbing 
and destroying the free-state men in southern Kansas, has raised a storm 
that you little dream of; but at present everything is still. It is the calm 
that precedes the hurricane. 

"A call has reached us from the Methodists in Arkansas. One man says 
he can raise fifty men in six hours. They are ready to fight, if we will promise 
to back them. The other party have organized their Vigilance Committees 
and we are listening for the news, that the work of death has begun. We 



262 Kansas State Historical Society. 

have several fugitives on hand, and more are expected. Some of them are 
from Missouri, and some from Arkansas. When a keen, shrewd fellow comes 
to us, we send him back for more. As yet they have not been followed by 
anything like a force. One of the fugitives, a fine fellow from Missouri, is 
staying with me. 

"I wish you to see Dr. Howe, and tell him I would be glad to have those 
goods in Lawrence that he spoke to me about. Some of our best men, 
among them Capt. Stevenson, than whom a braver or better man never 
lived, are in a destitute condition. Their crops have failed. They have 
nothing to sell, and their families are naked. The goods, even in their dam- 
aged condition, ^would be serviceable. 

Truly yours, Jas. Montgomery. 

"P. S. We .,^ r organizing our Republican Clubs and preparing for the 
election. I am surprised at our pro-slavery neighbors in Arkansas, for trying 
to get up a fuss in such a country as they live in. Only think of it! The 
eastern part a vast swamp; the middle hilly and brushy; the western part 
mountainous; and all of it thinly settled. Just the eountry for John Brown 
to operate in. James Montgomery." 

John Brown was dead; but there were plans for carrying out his purpose 
of making slavery unprofitable, in different parts of the slave territory. It 
was already so in western Missouri. A month later the situation was tur- 
bulent in Linn county. Montgomery writes again: 

"Mound City, Linn Co. Kansas. Nov. 20th, 1860. 
"Mr. George L. Stearns: 

"Much Esteemed Friend: Since my last letter to you, which gave the 
death of Moore, the boys have made a drive against some Kidnappers in 
the north part of this county. [The letter is lost which related the hanging 
of L. D. Moore, a border-ruffian. The kidnapper hung was Russell Hinds, 
Nov. 9th, after trial by a vigilance committee.] 

"They set out on Saturday evening last (17th). I learned last night 
that they had caught a noted Border-ruffian named Scott, and that they 
had tried and hung him at 9 o'clock Sunday morning. Scott had been con- 
cerned in all the border raids into Kansas. He had done his share of the 
dirty work of Missouri in the first bogus legislature; had been twice expelled 
the country, and had as often returned. For some time past his house had 
been a rendezvous for kidnappers and assassins from the border state [Mis- 
souri]. In the winter of '59, after the second expulsion of Border ruffians, 
a county meeting, duly advertised and largely attended, composed mainly 
of Democrats and conservative men — Bob Mitchell himself among them — 
passed a series of resolutions, sustaining the 'Jayhawkers' and condemning 
to perpetual banishment those violent men who had been forcibly expelled. 
The resolutions passed unanimously — even Bob Mitchell voting in the 
affirmative. In fact, it was plain to every man of common sense, that if it 
had been necessary to drive them out, it was necessary to keep them out. 
Such were their habits and the violence of their character, that it were vain 
to think of living with them on peaceable terms. Our Free-State Democrats 
are today more venomous, and less disposed to forgive and forget, than 
their Border Ruffian brethren. Cowardly and sneaking, they are the men 
to plan the schemes for assassination, which they depend on the Border 
Ruffians to execute. They feel sore over the loss of their power in Southern 
Kansas, which was once their stronghold. Pro-slavery as they are, they 
sail under false colors from motives of policy. The execution of John Brown 
encouraged them greatly. They immediately revived their Blue Lodges in 
our midst, and having promise of assistance from their brethren in Missouri, 
they began the work of midnight murder, under the specious plea of exter- 
minating thieves. Striking in the dark, and keeping their names and num- 
bers concealed, they hoped to stampede the whole anti-slavery force of the 
Territory. 

"Of the existence of this "Dark Lantern" fraternity we have incon- 
testable evidence. We are in possession not only of their plans, but even 



Notes on the Territorial History of Kansas. 263 



of their private signals, and, as in the case of Moore, we have evidence suf- 
ficient to warrant handling several of them individually. 

"We have had several additions to our colored population during the 
week, while several of our Democratic friends have left the country. A 
friend observed to me yesterday ' The Democrats are leaving, and the Black 
Republicans are coming in.' Please allow Mr. G. to copy. 

Yours truly, J. Montgomery. 

"P. S. An extra session of the U. S. Court was to have been held at 
Fort Scott, this week, beginning yesterday. I learned last evening that the 
Federal authorities, including the judge, have fled, and that there is to be 
no court. A force of troops, some four or five hundred strong, is now in this 
vicinity. What their business is remains to be seen. If they try to dragoon 
us, they will have a lively time of it. Please send an order to Mr. C. S. P. 
for those goods, as we may need them immediately. 

"Mound City, Nov. 21st, 1860." 

The "goods" here specified were probably arms and supplies sent in for 
the relief of the poor free-state families. Three weeks later, Gen. Harney, 
in command of the troops above mentioned, reported to the War Depart- 
ment at Washington, — "I am satisfied that the greater part if not all of 
the donations which are sent to the sufferers in Kansas, goes into the hands 
of the band of Montgomery and Jennison. And the greater part of it is 
perverted from the use intended, for purchasing arms and ammunition of 
war for carrying out their plans." 

So far as Mr. Stearns and his friends were concerned, their supplies were 
intended largely for this warlike use, and there was no "perversion." The 
next letter of Montgomery gives the result of the action taken by George 
M. Beebe, secretary and acting Governor of Kansas, Nov. 19, 1860, when 
he asked the proslavery adjutant general what force of Kansas militia could 
be put in the field, November 26, to meet the pending difficulties in Linn 
county. He also asked two hundred United States troops from General 
Harney. On the 28th, Governor Medary and General Harney left Leaven- 
worth for Fort Scott. Montgomery writes: 

"Mound City, Nov. 27th, 1860. 

"George L. Stearns, Esq. 

"Much Esteemed Friend: My last letter to you gave the news up to 
the death of Scott, and the flight of Judge Williams and the Marshals from 
Fort Scott. So great was the stampede from the Fort that the place was 
almost entirely deserted. Mr. Moran, Receiver in the Land Office, was, 
I believe, the only Federal official who stood his ground. This speaks well 
for Mr. Moran, and is considered by the settlers a proof that he possesses 
a good conscience; and they now listen with confidence to what he tells 
them. Mr. Moran has arranged matters with the settlers to their entire 
satisfaction; and the sales will be allowed to pass off without interruption. 

"The Acting Governor, Mr. Beebe, came down to see us a few days 
since. He had heard strange rumors of our doings, and like a sensible man, 
as he appears to be, came in person to ascertain the truth in regard to affairs. 
He soon found where the wrong lay; and, finding that we were acting 
calmly and dispassionately, on well-established precedents, he left us with 
the assurance that he would do all in his power to protect us in our rights; 
recommending, of course, that we should refer our difficulties to the Federal 
Court, and promising to do what he could to reform abuses in that depart- 
ment. Times are quiet now, and our lives are as safe as they would be in 
any country. 

"Fugitives too, are as safe here as they would be in Canada. Two more 
have come to us since my last writing. 

"If Mr. Bird were here, I think he would be disposed to take back what 
he said to me on our first meeting, and agree that fugitives may be protected 
in Kansas. 

"Mr. Yeasley, who had been lying chained in Fort Scott, awaiting his 



264 Kansas State Historical Society. 

trial for the killing of Mr. Beck, was liberated on a Habeas Corpus served 
by the people. Beck owned a steam mill on the Neosho, and Yeasley loaned 
him $1000. Yeasley also worked for Beck as engineer in the mill, until his 
wages and the interest of his money amounted to $1100 more; when, find- 
ing it impossible to get a settlement with Beck, he left the mill and set up 
a blacksmith's shop. Some persons, believed by us to be Beck himself, 
took the plunger out of the pump. A mob of Democrats collected at the 
mill, and with a rope in their hands, went to Yeasley's house to hang him. 
He defended himself so resolutely that the mob dispersed without effecting 
their object. The plunger was found in its place, and the mill went to work 
again. Some time after this, Yeasley was accused of stealing the plunger 
again. Another mob collected, and the affair ended for that time, in the 
killing of Beck by Yeasley. 

"I have this moment received a precious document sent by a friend in 
Lawrence, which I send you as a sample of Democratic lying. The Daily 
Leavenworth Herald gets its information from the fugitive Marshals, Campbell 
and Dimon, who have gone to Leavenworth for troops. They may get them. 
What they say about our friends in the East is all guesswork. We have 
told no such thing. 

"I received a letter from E. B. Whitman informing me the last remnants 
of aid goods sent to his care, had been cleared out some time ago. 

"I can hear of but one lot, and that is the same on which you gave me an 
order last spring. I hope an order will be sent to Mr. Pratt immediately, so 
that I may get what there is left of that lot whenever I call for them. 

"Our people are very destitute, and if they let the troops loose upon us, 
we may be chased all over Kansas; and possibly into Arkansas; and we will 
need all the help we can get, for in that case we will have no time to work 
for anything. 

"The document referred to was printed about the time the Gov. started 
down this way. All that is needed here, to make the times interesting is the 
presence of United States Troops. I told the Gov. plainly, that their presence 
here, would be considered insulting to our dignity as free-born American 
citizens. 

" My previous letters to you will enable you to understand the case. 

"Only think of my speech at Mapleton: Now I was not at Mapleton at 
all; nor did I make any speech at any place. 

" 'Armed each with a Sharps' Rifle and two heavy Colt's revolvers a 
sabre and Bowie-knife.' Dr. Jennison had a sabre, and there might have 
been a dozen revolvers; but not a knife in the company, and not more than 
a dozen Sharpes' Rifles. 

"In regard to slaves, our position is this: If any State wishes to keep 
slaves, let her keep them at home. If they allow them to come here, they 
must be free. Yours truly, James Montgomery." 

The next letter shows that Medary, the Ohio governor, sent out by Bu- 
chanan, was making an effort to put down Montgomery, and the people 
behind him, by force of the troops under Harney, an old Indian fighter, who 
soon went over to the slaveholders rebellion, as did Robert Lee in Virginia. 
Governor Stewart of Missouri, who also soon joined in the rebellion, ordered a 
large force of Missouri militia to encamp near the state line, not far from 
Fort Scott and Mound City. The exciting issue just then was the recovery 
of runaway slaves from Missouri and Arkansas. 

"Mound City, Linn Co. Kansas, Dec. 12th, 1860. 
"George L. Stearns, Esq.: 

"Much Esteemed Friend: "The mountain is in labor, and I think will 
soon bring forth a mouse. You are aware that Uncle Sam is making some 
big splurges out this way; he has let 'Old Harry loose, ' but for all that he is 
likely to effect, he might as well have been kept at home. It isn't worth 
while for Uncle Sam or anybody else to think of enforcing the Fugitive Slave 
law out here; U cane be done. Major Whitsett of the Army says, 'It is not 
the hanging of a few scoundrels that has brought the Troops to this country; 
there is a "niger in the woodpile." ' 



Notes on the Territorial History of Kansas. 



265 



"The 'nigger' is here, but Uncle Sam can't get him. Nothing short of 
•stationing a regiment in every county will prevent us from keeping him here; 
and when that is done we will pass him on somewhere else. 

"The Government has taken great pains to make the country believe 
that 'Montgomery and his band' do not belong to the people. A mass- 
meeting was held at Mound City last week, pursuant to previous notice. 
The meeting was large, and the resolutions passed unanimously. The ac- 
tion of Montgomery and his band were not only endorsed but declared to be 
'the act of the people.' The men composing The 'Executive Committee' 
are obliged to keep out of the way at present; but we have a home among 
the people; and our darkies too are welcome wherever we go. By shifting 
frequently we elude the troops, and this is thought better, under the circum- 
stances, than fighting them. _ Whether the troops will spend the winter with 
us, or not, is not yet ascertained. Truly yours, J. M. 

"P. S. I received a letter of credit from Dr. Webb for the benefit of the 
* Arkansas refugees. I wrote back to him to know whether I would be al- 
lowed to include fugitives under the term refugees. I have received no an- 
swer. Our fugitives will need assistance until the troops leave. They will 
not be able to work to any advantage before Spring. This is an interesting 
experiment and must not be allowed to fail. If we are able to maintain our 
position, and of this I have no doubt, the Fugitive Slave law is dead; and 
slavery will quickly disappear from Missouri, Arkansas and the Cherokee 
country. 

"I have built since my return from the East quite an addition to my 
house. It is so contrived as to be bullet proof, and easily defended. A man 
and two boys can defend it against a thousand armed with anything less 
than cannon. 

"If you have time, I wish you would see Dr. Webb, and tell him to direct 
under cover to J. F. Broadhead, Esq., Mound City, Linn Co., Kansas. 

J. M." 

This was the year in which that notorious thief and brigand Quantrill 
(under the name of "Charley Hart") was living in Kansas, kidnapping 
negroes and stealing horses, sometimes along with free-state men, sometimes 
with border ruffians. He went over to the latter late in 1860, and treach- 
erously managed the "Morgan Walker raid" in December, while these things 
were going on in Linn county. Governor Medary tired of the business of 
governing in the interest of slavery and resigned, leaving the governorship 
in the hands of Beebe, who, on January 10, 1861, shortly before Kansas was 
admitted as a free state (January 29) thus addressed the free-state legislature: 

"If God in his wrath shall tolerate the worst portent of this tempest of 
passion, now so fiercely raging, Kansas ought, and I trust will decline identi- 
fication with either branch of a contending family, tendering to each alike 
the olive offering of good neighborship, establish, under a constitution of her 
own creation, a government to be separate and independent among the 
Nations." 

That is, he was in revolt against the government of his own country, and 
seeking to set up an impossible neutrality beneficial to slavery, as Kentucky 
did for a short time. Beebe now disappears from history, and Kansas, as a 
free state, began to arm for the long contest against traitors. On July 25, 
1861, Montgomery, who had been "eluding" Harney's dragoons seven 
months before, was commissioned Colonel of the Third Regiment of Kansas 
volunteers, under Lane as brigadier general. He fought as well there as he 
had when leading his own band, and in 1863 was made Colonel of a negro 
regiment in South Carolina. He survived the Civil War, and died in his 
bullet-proof house, December 6, 1871, and is buried in the National Cemetery 
at Mound City. 



266 



Kansas State Historical Society. 



A REPLY TO ELY MOORE, Jr. 

IN volume twelve, Kansas Historical Collections, appears an article by Ely- 
Moore, jr., of Lawrence, detailing events in the life of John Brown. 
There is nothing in any recognized work on Kansas history to support the 
allegations of Mr. Moore. It is only fair that the other side of the matter 
be told. Mr. F. B. Sanborn, of Concord, Mass., was requested to prepare a 
reply to the article of Moore. Mr, Sanborn is one of the biographers of 
John Brown, and was long associated with him in his work against slavery 
in Kansas and elsewhere. Mr. Sanborn says: 

"I have been asked to contribute something to the Historical Society of 
Kansas in refutation of the slanders on John Brown of Osawatomie by one 
of the champions of negro slavery in Kansas in the critical years 1856- '59. 
Then the question of the continuance of that curse in your territory, soon 
to be a great State, was debated and settled, in the midst of crimes and blood- 
shed, by the actual settlers on its broad prairies, and neither by ruffian in- 
vaders from Missouri and the Carolinas, nor by the United States army, 
sent thither by a Northern President with Southern principles. The leader 
in cabinet in 1856 was Pierce's Jefferson Davis, of evil memory, then Secre- 
tary of War. In that discussion, Ely Moore and his father, an Indian agent 
under a pro-slavery administration at Washington, were active in the plot 
to force slavery on the freemen of Kansas, against their well-known wishes, 
and in defiance of the Constitution of 1787. Their confederates in the plot 
invaded the polls, voted without legal or moral right, falsified the election 
returns, killed actual settlers, plundered their property, burnt their cabins, 
and did what they could to drive the friends of freedom from the Territory. 
Their plot was foiled and their ruffians were beaten by John Brown, General 
Lane, Charles Robinson, Samuel Walker, James Montgomery, Edward Ander- 
son, John Brown jr., his brother, Salmon Brown, now an honored resident 
of Oregon, and scores more of brave men, who ventured their lives to keep 
the plague of slavery away from your borders. Most of these brave men 
are now dead, but such of them as are alive, take no stock in history manu- 
factured by their malignant opponents in that long contest. It is as easy to 
falsify history now as it was to falsify candle-box ballots in 1857. The pur- 
pose then was to thrust a detested system on the people of Kansas; the 
purpose now is to libel the champions of freedom who then defeated the 
Moores, Atchisons, Bufords, Calhouns, Stringfellows, and Tituses who 
fought and cheated on the side of slave-holders. 

"There is no sound testimony, from any quarter, in support of Moore's 
atrocious libel on my honored friend, John Brown. Moore may have seen 
him once or twice, possibly — though from his description of Brown's person, 
it is doubtful if he ever really set eyes on the hero of Black Jack and of Harp- 
er's Ferry. I sent his printed fable to Salmon Brown in Portland, Oregon, 
who was with his father in Kansas through the winter of 1856- '7; and he at 
once contradicted the whole story. I believe Brown's statement, and put 
no faith at all in Moore." 

The statement of Salmon Brown, referred to by Mr. Sanborn, is as fol- 
lows: 

"Feb. 25, 1913. 

"I read with a good deal of indignation, tinctured with amusement, Ely 
Moore's dime novel interpretation of father's movements in Kansas. As 
you say, he has proved himself a very secretive individual to store away in 
his memory for fifty-seven years such important and marketable facts con- 
cerning father's personality, particularly since the newspaper world has al- 
ways been so eager for something new about John Brown. 

"I cannot help but wonder at the credulity of the compilers of the Kansas 
Historical Records in accepting such palpable trash for publication. 

"As it happens I have a very distinct recollection of young Ely Moore 
which I will prove later on 'by an event or two 'to quote his words. It may 
also be of interest to know that I remember his father Ely Moore, Sr., as 
belonging to the worst of the border ruffian element. 



A Reply to Ely Moore, Jr. 267 

"From about the middle of November to the first of December, 1855, 
father and I were busy working on the cabins of Jason and John. I packed 
the mud and mortar to chink up the cracks and helped haul the logs. We 
built Jason's first and then helped John. Father was there every day, and 
we worked together all the time. He was never away from the claim alone, 
and at that time he wore no beard, as Ely Moore claims he did. 

"Later we went to the defense of Lawrence. The weather up to that 
time had been cold and disagreeable, but there had been no snow to speak of. 

"After the defense of Lawrence, father and I started over to Missouri to 
buy corn. We drove two yoke of oxen and a wagon with a false bed — made 
strong to hold fifty bushels of corn in the ear. The first day we drove down 
the river to the Miami Mission, eight or ten miles below Osawatomie. It 
was night when we reached there, so put up our team and stayed there all 
night. The Indian agent at the Mission was Ely Moore, a strong pro-slavery 
man who had secured his position under Pierce's administration. 

"They were holding a dance there that night, of half-breeds, full-bloods 
and whites. One man, I remember, was there assisting at the Mission who 
was afterwards killed by Martin White. The Mission Building was large 
and spacious with large open fire-places, and in dancing, all colors mingled 
freely together. Young Ely Moore, a little New York dude, who wouldn't 
weigh a hundred and thirty pounds, was there, dancing with the rest. I got 
somewhat acquainted with him during the evening, and discovered he was 
imbued with the same pro-slavery principles as his father. 

"The next morning we went on, and drove as far as West Point, on the 
line between Kansas and Missouri, where we stayed all night at a hotel. It 
was a cold night and there was lots of snow. The next day took us seven or 
eight miles over into Missouri to the farm of a Tennessean who had corn to 
sell. We loaded our wagon with corn, fifty bushels in the ear, and went back 
to West Point. It was hard wheeling through the snow. The next night we 
crossed the Osage river about a mile and a half beyond the Miami Mission 
and camped in the timber. We tied the oxen to the wagon and fed them 
on corn husks and corn. The snow was about a foot and one-half deep so 
we shoveled it off making a wall about three feet high at the head and sides 
and built a big fire at the foot of where we intended to sleep. Father claimed 
if we kept our feet warm we wouldn't suffer. We had plenty of covers- 
buffalo robes and blankets, but it was an extremely cold night and father 
had to give up his theory about keeping his feet warm for we both got very 
cold. 

"Along in the night, about 12 o'clock, two young men came in from 
Osawatomie. One of them a half-breed, undoubtedly 'Quick-eye, brave 
and true, ' and the other young Ely Moore, almost dead drunk. The Half- 
breed dragged him down in front of the fire and asked if he could thaw him 
out enough to get him up to the Mission. Young Ely could hardly sit up 
and after the half-breed had worked over him awhile, he said, 'I'm pretty 
damned drunk,' and father said, 'I see you are.' 

"After he was warm the half-breed, who was strong and stalwart, took 
him on toward the Mission. His little inferior physique impressed me in 
his drunken condition, and I feared he would never reach the Mission as the 
night was so cold. The next day we drove over the road they had come in 
on from Osawatomie, we could see where the half-breed had struggled to 
keep him on the trail, as when he staggered off he would be in deep snow 
and would fall repeatedly. 

"So you perceive the young man's gratitude! It was really father and I 
who saved him from freezing to death that he might live and after fifty years 
tell his wonderful story. 

"Of all the foolish, diabolical lies that have ever been told his has cer- 
tainly climaxed them all. In his tale about whipping the oxen he has drawn 
entirely upon his imagination. We never had a sick ox nor lost one except 
those stolen by the border ruffians. Father never held a whip in his hands— 
I always drove the team. He speaks several times of father's excessive 
coffee-drinking; father was not a coffee-drinker— none of us were — for we 
seldom touched it, and I do not drink it to this day. Neither father or his 
boys drink whiskey — we were all strictly temperate. 

"The whole story is rot, and only worthy of a New York copperhead 
holding office under Pierce's proslavery administration. 

Salmon Brown." 



268 Kansas State Historical Society. 



THE LANE TRAIL. 

By William Elsey Connelley, Secretary of the Kansas State Historical Society. 

rpHE Lane Trail played a prominent part in the history of Kansas. When 
J- the Missouri river was closed to free-state emigration in 1856 some 
other route had to be found. For at that time people were gathering in all 
the northern states to set out for Kansas. General Lane realized the need 
of finding a new route, and he set to work to discover it. One thing dis- 
tinguished Lane above all other leaders in territorial Kansas. When he saw 
that something had to be done he did it. He did not wait on others. 

Early in June Lane began to plan a way for the free-state people through 
Iowa and Nebraska. He believed it a better route in any event than up the 
Missouri river, as it lay entirely through free territory. On it the people 
would not be subject to the interference of the proslavery interests as they 
were in coming through Missouri. Much of the way it ran straight west 
from Chicago, even then an outfitting point for much of the country beyond 
the Mississippi. On the 4th of July, 1856, the following circular was issued 
in Iowa announcing the establishment of the Lane Trail: 

"To the Friends of Free Kansas. 

"The undersigned, Iowa State Central Committee, for the benefit of 
Free Kansas, beg leave to represent that the dangers and difficulties of 
sending Emigrants to Kansas through Missouri has been attempted to be 
remedied by opening through Iowa an Overland Route. At present Iowa 
City, the Capital of Iowa, is the most western point that can be reached by 
Railroad. Arrangements are being made by Gen. Lane, Gov. Reeder, Gen. 
Pomeroy, Gov. Roberts, and others to turn the tide of emigration in this 
channel, and thus avoid the difficulties heretofore experienced in attempting 
to pass through Missouri. 

"It is proposed to take the following course through Iowa. 

"Leaving Iowa City — proceed to Sigourney, thence to Oskaloosa, thence 
to Knoxville, thence to Indianola, thence to Osceola, thence to Sidney, and 
to Quincy in Fremont county, Iowa, on the Missouri River, 80 miles from 
Topeka, the Capital of Kansas. An Agent has been through the State by 
this Route, and the citizens in each of the aforesaid Towns have appointed 
active committees. The inhabitants of this line will do all in their power to 
assist Emigrants. The distance from Iowa City to Sidney on the Missouri 
River is 300 miles, and the cost of conveying passengers will be about $25. 
The "Western Stage Company" have formed a new line of coaches and will 
put on all the stock necessary for the accommodation of every Emigrant 
who may come. This can positively be relied on. You will at once see that 
this must be a general and concerted effort, or the project will fail, and each 
body of Emigrants will be left to their own guidance. 

"We wish also to call attention to the impracticability of Committees 
far in the East sending men, as any number can be raised in the West, and 
thus save an additional expenditure. All that is wanting is the means of 
defraying expenses. It is hoped therefore that our friends will lend us their 
aid in this particular, and assist us in raising money. We would suggest that 
Committees in the East send an Agent here for the disbursement of their 
funds, if they are unwilling to entrust the same to this Committee. Our 
citizens have just raised the means to fit out a Company of 230 men which 
has this day started for Kansas. Another Company as large can be raised 
as soon as means can be obtained. It is hoped that all companies formed in 
the East will be sent over this route, and those who desire that Slavery shall 
not be forced in Kansas, should assist us in obtaining material aid. As Iowa 
is more deeply interested than any other State in saving Kansas from the 



268 



Kansas State Historical Society. 



THE LANE TRAIL. 

By William Elsey Connelley, Secretary of the Kansas State Historical Society. 

THE Lane Trail played a prominent part in the history of Kansas. When 
the Missouri river was closed to free-state emigration in 1856 some 
other route had to be found. For at that time people were gathering in all 
the northern states to set out for Kansas. General Lane realized the need 
of finding a new route, and he set to work to discover it. One thing dis- 
tinguished Lane above all other leaders in territorial Kansas. When he saw 
that something had to be done he did it. He did not wait on others. 

Early in June Lane began to plan a way for the free-state people" through 
Iowa and Nebraska. He believed it a better route in any event than up the 
Missouri river, as it lay entirely through free territory. On it the people 
would not be subject to the interference of the proslavery interests as they 
were in coming through Missouri. Much of the way it ran straight west 
from Chicago, even then an outfitting point for much of the country beyond 
the Mississippi. On the 4th of July, 1856, the following circular was issued 
in Iowa announcing the establishment of the Lane Trail: 

"To the Friends of Free Kansas. 

"The undersigned, Iowa State Central Committee, for the benefit of 
Free Kansas, beg leave to represent that the dangers and difficulties of 
sending Emigrants to Kansas through Missouri has been attempted to be 
remedied by opening through Iowa an Overland Route. At present Iowa 
City, the Capital of Iowa, is the most western point that can be reached by 
Railroad. Arrangements are being made by Gen. Lane, Gov. Reeder, Gen. 
Pomeroy, Gov. Roberts, and others to turn the tide of emigration in this 
channel, and thus avoid the difficulties heretofore experienced in attempting 
to pass through Missouri. 

"It is proposed to take the following course through Iowa. 

"Leaving Iowa City — proceed to Sigourney, thence to Oskaloosa, thence 
to Knoxville, thence to Indianola, thence to Osceola, thence to Sidney, and 
to Quincy in Fremont county, Iowa, on the Missouri River, 80 miles from 
Topeka, the Capital of Kansas. An Agent has been through the State by 
this Route, and the citizens in each of the aforesaid Towns have appointed 
active committees. The inhabitants of this line will do all in their power to 
assist Emigrants. The distance from Iowa City to Sidney on the Missouri 
River is 300 miles, and the cost of conveying passengers will be about $25. 
The "Western Stage Company" have formed a new line of coaches and will 
put on all the stock necessary for the accommodation of every Emigrant 
who may come. This can positively be relied on. You will at once see that 
this must be a general and concerted effort, or the project will fail, and each 
body of Emigrants will be left to their own guidance. 

"We wish also to call attention to the impracticability of Committees 
far in the East sending men, as any number can be raised in the West, and 
thus save an additional expenditure. All that is wanting is the means of 
defraying expenses. It is hoped therefore that our friends will lend us their 
aid in this particular, and assist us in raising money. We would suggest that 
Committees in the East send an Agent here for the disbursement of their 
funds, if they are unwilling to entrust the same to this Committee. Our 
citizens have just raised the means to fit out a Company of 230 men which 
has this day started for Kansas. Another Company as large can be raised 
as soon as means can be obtained. It is hoped that all companies formed in 
the East will be sent over this route, and those who desire that Slavery shall 
not be forced in Kansas, should assist us in obtaining material aid. As Iowa 
is more deeply interested than any other State in saving Kansas from the 



The Lane Trail. 



269 



grasp of the Slave power and in the success of the proposed project, the peo- 
ple of this State are urgently requested to organize Committees and con- 
tribute to the prosecution of this scheme of settling Kansas with free-state 
men; and all funds raised for this object should be transmitted at once, to 
H. D. Downey of the Banking House of Cook, Sargent & Downey, the Treas- 
urer of this Committee, with the confident assurance that all monies thus 
placed in our hands will be faithfully applied to the cause of our suffering 
friends in Kansas. "W. Penn Clark, Chairman, 

"G. W. Hobart, Secretary, 
"H. D. Downey, Treasurer. 

"W. Penn Clark, E. W. Hobart, L. Allen, Jesse Bowen, M. L. Mor- 
ris, G. D. Woodin, J. N. Jerome, J. Teasdale, Kansas Central Committee 
of Iowa." 

"Iowa City, July 4, 1856." 

From Chicago this circular was distributed all over the North. In 
response the free-state emigrants poured through Iowa. The National 
Kansas Committee at Chicago assumed the direction of this emigration and 
aided it with money and supplies. 

Early in August Lane's Army of the North appeared in Nebraska and 
the border ruffians saw in it a storm-cloud black and menacing. The Southern 
press sounded the alarm. Western Missouri was the scene of violent agi- 
tation. On the 16th of August, Acting Governor Woodson of Kansas Terri- 
tody issued his proclamation announcing the arrival of Lane's Army of the 
North, and declaring that civil war was already begun. 

Various bodies made up the emigration of 1856. The main body of 
Lane's army crossed the north line of Kansas, entering Brown county, on 
the 7th day of August, 1856. There were at least six hundred persons in 
that body. It composed, in fact, no army at all. It was a body of emigrants. 
They were coming to seek homes in Kansas, and they were firm in the purpose 
that those homes should be in a free land. They were inclined to peace, 
but they carried arms for their own protection. Some of them did later 
join General Lane in his splendid campaign against the border ruffians. 
This campaign was planned with a double object — first, to liberate Kansas; 
and, second, to aid in the election of General Fremont, the candidate for the 
presidency put forward by the Republican party. The first object was 
accomplished and the second only failed by the narrowest margin through 
Democratic election frauds in Pennsylvania. 1 

The Lane Trail was marked, when laid out, by cairns or piles of stone 
built on the elevations. One of these monuments could be seen across the 
intervening valley from another. Some of them were still standing as late 
as 1880, and they were known to the early settlers of Kansas and Nebraska 
as "Lane's Chimneys." 

In the winter of 1857 the Lane Trail became the underground railroad 
out of Kansas toward Canada. Its use for this purpose was directed by 
John Brown, 2 who had as lieutenants at Topeka, John Armstrong, Col. 
John Ritchie, Jacob Willits and Daniel Sheridan. Sheridan lived on the 
Highland Park hill, on a farm afterward owned by a Mrs. Curry. Topeka 

1. See Cohnelley's "The Life of Preston B. Plumb," chapter on "Bleeding Kansas," for 
account of Lane's campaign against the border ruffians in 1856. 

2. Dr. Blanchard returned to Kansas in the autumn of 1856. This visit was undertaken after 
the successful entry into Kansas of Lane's Army of the North over the Lane Trail. This event 
demonstrated to the satisfaction of Dr. Blanchard that the Lane Trail was by far the most practic- 
able route for the transportation of slaves escaping through Kansas to freedom in Canada. He 
came to Kansas to discuss this matter with the anti-slavery people of the territory. His views 



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was then a village and was in plain view from this farm. John Brown for- 
warded to Armstrong three slaves early in February, 1857. They came to 
Topeka in charge of a man named Mills. One of these slaves belonged to 
G. W. Clarke, who lived just east of Lecompton, and who was credited with 
the murder of Barber. He was a former Indian agent and a prominent 
border ruffian. 

Armstrong and Mills took the slaves from Topeka north over the Lane 
Trail. They were conveyed in a wagon. The wagon was closed. The 
wagon had a false bottom to be used in cases of emergency. Over this false 
bottom there was spread hay and straw. The first stopping place north 
of Topeka was at the farm of William Bowker. William Owens lived next 
neighbor to Bowker, and sometimes his house was used as a station on the 
underground railroad. 

The trip was without exciting incident to Nebraska City. Approaching 
that place Armstrong concealed the negroes beneath the false bottom in 
the wagon bed. Border ruffians halted him and looked in his wagon for 
slaves, but did not find them. That night Armstrong drove to Civil Bend, 
several miles up the Missouri. Kagi had been sent ahead of this first con- 
signment over the underground, and was waiting for Armstrong at Nebraska 
City. He conducted the cargo of slaves to the ferry at Civil Bend, where 
he aided Armstrong to cross the Missouri river. The crossing was a dan- 
gerous matter, as ice was running in large pieces. The ferryman had to be 
persuaded with a Colt's navy before he would undertake the passage. The 
boat was carried down the river half a mile by the ice, but finally made the 
east shore in safety. The slaves were delivered to Dr. Ira D. Blan chard, 
who lived near Civil Bend on the Lane Trail, and a few miles from Tabor, 
Iowa. Kagi's father lived at the time in Nebraska City, and he also aided. 
Armstrong to escape from the town with the slaves. 

This trip having been made successfully, John Brown considered the 
underground railroad through Kansas firmly established. All other slaves 
going out over it were conveyed from one station to another by the people 
maintaining the stations. The underground railroad over the Lane Trail 
was in operation as long as it was necessary for slaves to leave Kansas for 
Canada. 

John Brown left Kansas forever over the Lane Trail. North of Holton 
he found trouble and he sent back to Topeka for help. John Armstrong 
and Colonel Ritchie left church services on the arrival of the messenger, 
hastily collected a few men, and hurried to the aid of the old Puritan. They 
helped to disperse the enemy at the crossing of Straight creek near the Fuller 
cabin, in the Battle of the Spurs. 

There was a notable expedition over the Lane Trail from Iowa City which 
arrived at Topeka late in September, 1856. It was led by a youth in his 
nineteenth year, who afterward achieved fame in Kansas — Preston B. 
Plumb. His company consisted of ten men, and it carried, with two teams, 

were promptly accepted by John Brown, who brought Dr. Blanchard to Topeka to arrange the 
details of that station. Topeka was the real starting point of the underground railroad over the 
Lane Trail. It was necessary to have men there who would make sacrifice of time and money 
to aid the slaves to freedom. John Armstrong, Jacob Willits, Daniel Sheridan, Captain John 
Ritchie, Guilford Dudley, and others pledged that all slaves arriving at Topeka on their way to 
Canada would be safely carried to the home of Dr. Blanchard, at Civil Bend, Iowa, it if were 
possible to get them there. John Armstrong never failed to state these facts in his account of the 
establishment of the underground railroad over the Lane Trail. He often repeated them to the 
author. 



The Lane Trail. 



271 



many Sharps' rifles, Colt's pistols, bowie-knives, a great quantity of am- 
munition and a brass twelve-pounder for use in the war with the border- 
Tufiians. The best account of it is contained in the following statement of 
Captain Alfred C. Pierce: 3 




ALFRED C. PIERCE. 

Captain Alfred C. Pierce was born in Otsego county, New York, Septem- 
ber 13, 1835. His father's name was Benjamin Pierce, and the youngest 
of the thirteen children of Mial Pierce. The name of the father of Mial 
Pierce is not remembered, but his brothers and his father were in the war of 



3. This statement was taken by William E. Connelley, at Junction City, Kan., June 20, 1910. 
Mr. Connelley had gone there to secure it for use in writing "The Life of Preston B. Plumb." 
That portion of the statement relating to the Civil War is omitted here. But the account of the 
founding of Mariposa is included, as there is not so much available information on that subject. 
In a letter to the Secretary of the Historical Society, March 13, 1914, Captain Pierce said: 
"At the time we left Iowa City, September 3, '56, the Free-State cause in Kansas was at 
low tide. Governor Robinson and other leaders of the Free-State cause were prisoners at Lecomp- 
ton. The Republican party was being organized in opposition to the extension of slavery. The 
campaign of 1856 was probably one of the most exciting and interesting ever held on this conti- 
nent. Kansas was the issue, slave state or free state. The election of Buchanan was a slave- 
holder's victory, and if he had been able to carry out bis desires, Kansas would have been a slave 
state. The House of Representatives saved us. The Free-State men in Kansas won the admira- 
tion of the world, and yet we could not have won the fight for a free state without help from out- 
siders. Geary was sent to Kansas to stop the fight until after election and save Pennsylvania to 
the Democratic party. Of course you know what the condition of the country was when Plumb 
and his little party were racing across Iowa with arms to save Free-State men from being put out 
of Kansas. In looking back over the great battles from 1856 to 1865 it looks to me as the most 
critical period of world history. The men who stood up for Kansas and later for the Union, at 
great loss of blood and treasure, won a victory for mankind everywhere." 



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the Revolution, he being kept at home by his mother to aid in her supports 
He moved from Massachusetts to New York soon after the Revolution. 
Mial Pierce was born on the same farm as Benjamin Pierce and Captain 
Alfred C. Pierce. The mother of Captain Pierce was a Miss Bowen, daughter 
of Henry C. Bowen. The Bowens were from New England. Pierce was 
captain of Company G, Eleventh Kansas. 

Alfred C. Pierce was just twenty years old when he started from his home 
in New York to Kansas. The thing which fired him with the determination 
to enlist in the army of freedom then marching to Kansas from the farms 
and towns in the northern states was the account in the New York Tribune 
of the murder of Brown at Easton, Leavenworth county, Kansas, by the 
border ruffians. He said to his mother, after reading that account: " Mother, 
I am going to Kansas. I do not want to see those free-state men so over- 
run by the border ruffians." His mother objected to his going to Kansas, 
but he started within a day or two after his decision to go. He had taught 
school in his native county. He had little money. At Adrian, Michigan, 
he stopped to earn money to continue the journey, and there he was principal 
of the grammar school for a time. 

Pierce arrived at Iowa City in August, 1856, near the first of the month. 
It was necessary for him to work, for his money was low. He secured a 
place as copyist in the law office of Penn Clark. About the first of September 
he went into a barber's shop to be shaved. There he met a tall, slim young 
man, who had come in for the same purpose.* Neither of them had much 
beard, but both were getting "slicked up a little," as Captain Pierce put it.. 
That young man was Preston B. Plumb, who was there to aid in the trans- 
portation of arms for the use of free-state settlers of Kansas in their struggle 
against the border ruffians. Plumb inquired of Pierce what he was engaged 
in at Iowa City. Pierce told Imp, and added that he was going on to Kansas 
as soon as he got a chance. Plumb said he was going to Kansas and that 
Pierce could go with him. Pierce replied that he would be glad to go. Pierce 
says that Plumb was then a confiding, captivating fellow that got close to 
one, that is, deeply impressed any one he talked with. 

Plumb had three teams and three wagons. These teams were horses — a 
span of horses to each wagon. He had gone to Kansas from Ohio in the 
spring of that year. He had returned to Ohio, and was now making his 
second trip to Kansas. As the Missouri river had been closed by the border 
ruffians, Plumb was compelled to go by Chicago, and across Iowa and. 
Nebraska and into Kansas over the Lane Trail. 

Plumb was in Iowa City to take arms into Kansas. One of the wagons 
was loaded with supplies — provisions for men and horses on the journey 
to Kansas. One wagon was loaded with Sharps' rifles, revolvers, bowie- 
knives and ammunition. There were two hundred and fifty Sharps' rifles, 
the same number of revolvers, and the same number of bowie-knives. There 
were several boxes of cartridges for the rifles. There was also a brass cannon. 
This cannon and its carriage were put into one of the wagons and boarded 
up so that no one could see them. The arms and ammunition were put into 
one wagon — perhaps a small portion in the wagon which carried the cannon. 
These munitions of war were turned over to Plumb by Dr. Bowen, the 
agent of the National Kansas Committee, which had headquarters at Chicago.. 
This committee had provided these arms. 



The Lane Trail. 



273 



In Plumb's party there were ten men. Pierce thinks they were mostly 
picked up about Iowa City in somewhat the same way in which he was 
recruited. So far as Pierce can remember the men were: Preston B. Plumb, 
Xenia, Ohio; B. W. Leigh McClung, Xenia, Ohio; P. B. Walker, Xenia, 
Ohio; Alfred C. Pierce; Samuel F. Tappan; Curtis; William Eld- 
ridge, Logansport, Indiana; Pelette; Smith, Boston, Mass., 

(the cook); Johns; 0. A. Curtis (father of Senator Charles Curtis), 

who joined the party at Winterset, Iowa. Pierce is not certain but what 





PRESTON B. PLUMB. 

Tappan joined the party at Nebraska City, with James Redpath, Richard- 
son and others, but can not certainly say he did not join the original party 
at Iowa City. 4 

Plumb was elected captain of the company and had entire charge and 
direction of it until it reached Topeka. The company left Iowa City about 

4. In a letter to Mr. Connelley, dated 80 West 47th Street, New York City, January 16, 
1909, Samuel F. Tappan says: 

"A few days afterwards I left Washington D. C. returning September, '56 through Iowa, 
with men and munitions for war, reaching Topeka about the 20th of that month, and with Col. 
Thomas Wentworth Higginson of Massachusetts, who joined us at Nebraska City, James Red- 
path, who joined us at Plymouth, Kansas, Governor Charles Robinson, and Samuel C. Smith 
who had come up from Lawrence to meet us, were arrested by the U. S. Marshal and taken to 
Lecompton. ... At Nebraska City, September 12, 1856, we met General J. H. Lane." 
In another letter to Mr. Connelley which seems to have no date or place, Tappan says: ~* 

"On the 10th or 11th of September I was at Nebraska City on my way to Kansas with'men 



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Kansas State Historical Society. 



four o'clock in the afternoon on the 3d of September, 1856, and drove out 
about five miles, and then camped for the night. Captain Pierce said: 

"Dr. Jesse Bowen was later paymaster at Fort Leavenworth. He had 
two fine looking daughters, Jessie and Hortense. They were smart girls 
and good as gold. His family lived at Fort Leavenworth and Plumb became 
well acquainted with the girls. Plumb proposed marriage to the eldest 
daughter who was favorable to his suit. The parents had no objection, but 
counseled delay until Plumb could establish himself in business. I do not 
know that there was any engagement between Plumb and Miss Bowen, but 
the matter was discussed by the young people and by the parents of the girl. 
She told me about it long years afterwards." 

Iowa City was then the capital of Iowa. There were many people there 
who favored the South, and Plumb was in more danger of having his lading 
captured and taken from him there than most any other place in Iowa. 

Pierce does not recall many incidents of this journey through Iowa. While 
crossing Skunk river they saw a man drowning. The party had in fact 
crossed the river and got some distance from the bank, when some one called 
out for help. Pierce was walking barefooted and bareheaded, with an 
umbrella over him. It was in the afternoon. Pierce ran back to the river 
and found the people dazed and helpless. The man had gone down for 
the last time. Pierce was advised not to plunge into the stream while hot 
and perspiring, but this he disregarded. He dived into the deep water and in 
swimming under there touched the drowning man with his foot. This gave 
him the location, and he then dived down and brought him to the surface 
and swam to the shore with him. The people cheered Pierce. He left as they 
were rolling the rescued man on a barrel to get the water out of him, and 
he does not know whether they revived him or not. The party had gone on. 
At Sigourney he went to a hotel for the night, but as he had not put on dry 
clothing the keeper refused to allow him to stay. But he remained at 
Sigourney over night and walked out to camp in the morning. The party 
had gone on about three miles west of Sigourney and camped. In coming 
up with the teams the next morning Pierce walked barefooted about five 
miles. Some cheese had been purchased at Sigourney, which made most 
of the party at the camp very sick, and a physician had to be called from 
the town in the night to attend them. 

The Lane Trail ran southwest from Iowa City to Tabor post-office. There 
were not many settlers in the country then. It was all a new country. 

At Winterset, Orren Curtis, father of Senator Curtis, joined the party. 
There was a feeling against Kansas at Winterset; in fact, there was some 
feeling over all the North. Many northern people believed in noninterference 
with slavery. Captain Pierce does not know how the meeting with Curtis 
occurred, but he remembers that Curtis was a very enthusiastic recruit, 
and that he would make speeches from the wagons about Kansas. His 
language was not very good, but this was remedied to some extent by enor- 
mous lung power and a raucous voice — altogether poor but earnest speeches. 

and munitions of war, and there met Gen. Lane with about thirty men all mounted. I think 
something was said about a new route, but inasmuch as Redpath with nearly three hundred men 
was at Plymouth on the old road, and needed arms and powder, I concluded to go that way for 
I had what he wanted — 300 Sharps' rifles, 300 Colt's revolvers, 300 Bowie-knives, one cannon — 
12 pounder — 20 kegs of powder, and 20,000 rounds of fixed cartridges for rifles and revolvers." 

It will be observed here that Tappan seems to claim direction of the company. This is wrong, 
for Pierce distinctly says Plumb was the captain and commander of the company. See biographical 
sketch of O. A. Curtis, page 559, Andreas' "History of Kansas." He says he came with Plumb. 



The Lane Trail. 



275 



On the journey Plumb talked about the Fremont campaign. He was 
strongly for Fremont. Tappan had a copy of Whittier's poems. The 
company would often sing the Kansas song, "We cross the prairies as of old 
our fathers crossed the sea." Plumb would join in the songs, though he 
was not much at singing. He talked, thought, dreamed of the free state to 
be made of Kansas. That subject engrossed him and was always present 
with him. He wore high-heeled boots — poor foot-wear for hard walking. 
He did not drive a team. Plumb and Pierce walked together much of the 
time. They generally walked ahead of the teams, especially when the roads 
were dusty. 

The company drilled every day, more or less. All expected to have to 
fight border ruffians as soon as they got to Kansas. Pierce does not re- 
member the name of the drill-master. He was one of the original party, 
and later he was killed about Fort Scott. He was a man of small size. 

At Tabor the citizens gave a dinner in honor of the arrival of the party, 
which laid over there one day. The party had rushed until Tabor was 
reached because of the imprisonment of Governor Robinson and others at 
Lecompton. At Tabor they heard that Robinson had been released, and 
after that took more time. 

At the dinner the people made much of the young men and encouraged 
them. Most of the Tabor people then were from the Western Reserve in 
Ohio. 

The party crossed the Missouri river at Nebraska City. There they 
met Lane, who made a speech. Pierce did not hear him, but some of the 
party did hear him. He was just from the fight at Hickory Point (now in 
Jefferson county). He made a good speech. 5 

At Brownsville, Nebraska, the party came up with a larger party bound 
for Kansas. In this party were Albert D. Richardson, James Redpath, and 
one of the sons of old John Brown — Pierce does not remember which one. 
A Mr. Parsons, who afterwards settled at Ogden (Kansas), was in the party. 
Pierce called Brown's son "Brown" after he met him, and was requested to 
call him by some assumed name, which Pierce had forgotten. Most of the 
Kansans had assumed names, the better to conceal their movements and 
mystify the border ruffians. 

The party came by the Lane Trail. They camped at Holton, Kansas. 
The town consisted of a cabin or two and some rifle-pits. There had been a 

5. In his "Cheerful Yesterdays," pp. 203, 204, Thomas Wentworth Higginson says of Lane's 
speech: 

"The tavern where I lodged in Nebraska City was miserable enough; the beds being fear- 
fully dirty, the food indigestible, and the table eagerly beset by three successive relays of men. 
One day a commotion took place in the street; people ran out to the doors; and some thirty rough- 
riders came cantering up to the hostelry. They might bave been border raiders for all appearance 
of cavalry order; some rode horses, some mules; some had bridles, others had lariats of rope; one 
man had on a slight semblance of uniform, and seemed a sort of lieutenant. The leader was a 
thin man of middle age, in a gray woolen shirt, with keen eyes, smooth tongue and a suggestion 
of courteous and even fascinating manners; a sort of Prince Rupert of humbler grade. This was 
the then celebrated Jim Lane, afterwards Senator James H. Lane, of the United States Congress; 
at this time calling himself only " Major-General commanding the Free State Forces of Kansas." 
He was now retreating from the Territory with his men, in deference to the orders of the new 
United States Governor, Geary, who was making an attempt, more or less serious, to clear Kansas 
of all armed bands. Lane stopped two days in Nebraska City, and I did something towards re- 
newing the clothing of his band. He made a speech to the citizens of the town— they being then 
half balanced between anti-slavery and pro-slavery sympathies — and I have seldom heard elo- 
quence more thrilling, more tactful, better adjusted to the occasion. Ralph Waldo Emerson, I 
remember, was much impressed by a report of this speech as sent by me to some Boston news- 
papers. Lane went with me, I think, to see our emigrants, encamped near by; gave me some 
capital suggestions as to our march into the Territory; and ended by handing me a bit of crumpled 
paper, appointing me a member of his staff with the rank of Brigadier-General." 



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Kansas State Historical Society. 



skirmish there between the free-state men and the border ruffians, and 
Pierce thinks "Bullet-hole Ellis" 6 had been wounded there. Not far from 
Holton the party saw some Pawnee Indians, but at first supposed they were 
border ruffians. The teams were corralled and the men put into position to 
tight, all preparations being made before they discovered that it was only a 
party of Pawnees. 

North of Topeka, perhaps half way between Topeka and Holton, two of 
the party, Curtis (not O. A. Curtis), and another whose name is forgotten, 
one evening refused to go on to the camping place selected by Plumb. They 
wished to camp back from the crowd. Plumb would not permit this. Pistols 
were drawn, but Plumb prevailed and the whole party went on to the creek 
and camped on the chosen site. What the mutineers intended to do was 
never known, but their course afterwards in Kansas was not good. 

The night before the party got to Topeka the cannon was hidden in the 
brush; it was mounted on wheels and must have been a ten-pounder. (Twelve- 
pounder, Tappan says.) It and its accompaniments made a good load for a 
fine gray team which hauled it from Iowa City. 

From Brownsville the company had been always in sight of the larger 
company found there, or in touch with it. 

On the north bank of the Kansas river at Topeka, Colonel Sumner with 
his command searched the wagons. The company had camped at Indianola 
the previous night. The cannon had been hidden, or perhaps buried, the 
night before. The soldiers made a search for Samuel F. Tappan, but he 
escaped. Houses in Topeka were searched for him. He had been in the 
Kansas troubles and perhaps arrested before. 

The party remained in Topeka some days — possibly a week— when 
Plumb, who was looking for a place to found a town, started up the Kansas 
river. The party was the same, except Orren Curtis and Tappan. Orren 
Curtis went to work for Papan on the ferry over the Kansas river, and 
afterwards married Miss Papan. Plumb had bought an ox team in south- 
western Iowa. When the party started up the Kansas river it had two of the 
horse teams and the ox team. 

Plumb had brought tools — axes, broad-axes, saws, augers and other tools 
such as pioneers might need in erecting buildings in the wilderness. These, 
were carried along. 

The party camped at Juniata, four miles above Manhattan. From here 
parties went out to explore for a location. Pierce, Johns and Curtis went 
up the Blue river. They were followed by three border ruffians who intended 
to kill them. An old man named Garrison lived where the town of Garrison 
now is. The exploring party stopped over night with Garrison. The three 
border ruffians came to Garrison and asked permission to come in and kill 
Pierce and his companions, but Garrison, himself proslavery, refused, saying 
that if they were killed in his house revenge would be taken on him and he 
would likely be killed. He warned the free-state men of what was threatened 
against them, and one of them remained on guard all night. They were 
armed with Sharps' rifles and revolvers. They went on the next morning to 

6. Abraham Ellis lived in Miami county, and later at Elk Falls, Kan. At the sacking of 
Aubrey, Kan., Quantrill shot Ellis in the forehead, making a wound which left a hole or indenture 
in healing. Because of this he was called "Bullet-hole Ellis." See p. 247, vol. X, "Kansas 
Historical Collections," and "Quantrill and the Border Wars," by Connelley, for biography 
and account of Ellis. 



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Kansas State Historical Society. 



skirmish there between the free-state men and the border ruffians, and 
Pierce thinks "Bullet-hole Ellis" 6 had been wounded there. Not far from 
Holton the party saw some Pawnee Indians, but at first supposed they were 
border ruffians. The teams were corralled and the men put into position to 
fight, all preparations being made before they discovered that it was only a 
party of Pawnees. 

North of Topeka, perhaps half way between Topeka and Holton, two of 
the party, Curtis (not 0. A. Curtis), and another whose name is forgotten, 
one evening refused to go on to the camping place selected by Plumb. They 
wished to camp back from the crowd. Plumb would not permit this. Pistols 
were drawn, but Plumb prevailed and the whole party went on to the creek 
and camped on the chosen site. What the mutineers intended to do was 
never known, but their course afterwards in Kansas was not good. 

The night before the party got to Topeka the cannon was hidden in the 
brush; it was mounted on wheels and must have been a ten-pounder. (Twelve- 
pounder, Tappan says.) It and its accompaniments made a good load for a 
fine gray team which hauled it from Iowa City. 

From Brownsville the company had been always in sight of the larger 
company found there, or in touch with it. 

On the north bank of the Kansas river at Topeka, Colonel Sumner with 
his command searched the wagons. The company had camped at Indianola 
the previous night. The cannon had been hidden, or perhaps buried, the 
night before. The soldiers made a search for Samuel F. Tappan, but he 
escaped. Houses in Topeka were searched for him. He had been in the 
Kansas troubles and perhaps arrested before. 

The party remained in Topeka some days — possibly a week — when 
Plumb, who was looking for a place to found a town, started up the Kansas 
river. The party was the same, except Orren Curtis and Tappan. Orren 
Curtis went to work for Papan on the ferry over the Kansas river, and 
afterwards married Miss Papan. Plumb had bought an ox team in south- 
western Iowa. When the party started up the Kansas river it had two of the 
horse teams and the ox team. 

Plumb had brought tools — axes, broad-axes, saws, augers and other tools 
such as pioneers might need in erecting buildings in the wilderness. These, 
were carried along. 

The party camped at Juniata, four miles above Manhattan. From here 
parties went out to explore for a location. Pierce, Johns and Curtis went 
up the Blue river. They were followed by three border ruffians who intended 
to kill them. An old man named Garrison lived where the town of Garrison 
now is. The exploring party stopped over night with Garrison. The three 
border ruffians came to Garrison and asked permission to come in and kill 
Pierce and his companions, but Garrison, himself proslavery, refused, saying 
that if they were killed in his house revenge would be taken on him and he 
would likely be killed. He warned the free-state men of what was threatened 
against them, and one of them remained on guard all night. They were 
armed with Sharps' rifles and revolvers. They went on the next morning to 

6. Abraham Ellis lived in Miami county, and later at Elk Falls, Kan. At the sacking of 
Aubrey, Kan., Quantrill shot Ellis in the forehead, making a wound which left a hole or indenture 
in healing. Because of this he was called "Bullet-hole Ellis." See p. 247, vol. X, "Kansas 
Historical Collections," and "Quantrill and the Border Wars," by Connelley, for biography 
and account of Ellis. 



X 



The Lane Trail. 



277 



the house of a man named Randolph, where the town of Randolph now is. 
There they turned back and came again to Juniata. Pierce had concluded 
that the first railroad would be built up the Kansas river and not up the 
Blue river, and that their settlement ought to be on the Kansas river. The 
party had figured that a railroad would penetrate that region in ten years. 
And it did, though the Civil War intervened. 

Plumb and four others of the company went on up the Kansas river. 
He took two teams with him — the ox team and one of the horse teams. He 
went about fifty miles west, to where Salina now is, to the bridge across the 
Smoky Hill river. This bridge had been built by Mcllvane and Sawyer, 
government contractors. This and other bridges had been built the year 
before — across the Blue, Chapman's creek, Mud creek and the Saline river. 
A bridge had also been built across the Republican at Fort Riley in 1855. 

When Pierce and his party came back from their exploration up the Blue, 
they started up the Kansas river. They met Plumb at Chapman's creek. 
He had selected a site for their town, and there they afterward laid out 
Mariposa. Pierce thought the town ought to be built where Junction City 
now is, but Plumb objected because of the proximity of Fort Riley, then a 
pro-slavery headquarters. The officers were all pro-slavery and would have 
liked to shoot all the free-state men. Robert Wilson, post sutler there and 
postmaster, wanted to disarm Plumb as he had gone up the river. Plumb 
told him to stand back and mind his own affairs — that he could not have his 
gun, but that he might get the contents of it. The post office was in a saloon. 

At Chapman's creek the party had a good dinner — buffalo meat, new 
potatoes, rice, etc. Plumb and party had killed the buffalo. Plumb made a 
fine report of the country to the west. It was agreed that he should go back 
to Ohio and get people to come out and settle in their town of Mariposa ; 
and that Pierce and the others should go ahead and lay out the town. Pierce 
was a surveyor. He had a pocket compass, and for a surveyor's chain he 
used a lariat. The town was about a mile from the present site of Salina. 
They built a substantial log house there. The logs were well hewed, and the 
house was about 26 by 18 feet in size. McClung remained there awhile. 

About the last of December Pierce went to Lawrence. He does not re- 
member to have heard from Plumb in the meantime. He found Plumb at 
work in the Herald of Freedom office. He had written a booming article 
about the up-river country, and intended to settle it up in the spring, and 
believed he could get plenty of people to go there. 

Pierce came back to Mariposa and brought John Hunter, from Plumb's 
town in Ohio, with him. They stopped at Ogden and chopped some saw- 
logs for a man who had a sawmill there. From Ogden they walked to Chap- 
man's creek. When they started out Hunter forgot his comforter at the 
sutler's store and did not think of it until they were on the present site of 
Junction City, or beyond it. Then he went back for it, but the store was 
locked and he did not get it. Pierce waited for him. 

The next day they walked from Chapman's creek to Mariposa, and the 
snow was two feet deep — the hardest day's work that Pierce ever did. Hunter 
became exhausted and wanted to lie down in the snow, but Pierce knew he 
would never rise if he lay down, and threatened to shoot him if he did. Pierce 
carried an old Yager rifle Plumb had given him at Lawrence. Hunter finally 
got to Mariposa, but he was almost helpless from the exhaustion for several 
days. 



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Kansas State Historical Society. 



In January, 1857, McClung wished to go to Lawrence, and he and Pierce 
started to walk there. Just about the time they were starting Robert Hunter 
and some one else came up to Mariposa and said they would have starved 
to death but for a band of Indians they fell in with. Pierce is not certain 
but it was McClung that came up with Robert Hunter. He may have gone 
to Lawrence before that, and he might have brought up Robert Hunter to 
settle at Mariposa. 

Pierce and McClung went down with a band of Kaw and Pottawatomie 
Indians who were going to Fort Riley to hang about that post the remainder 
of the winter. Shingwassa, a Kaw chief, was in command of the band. There 
were fifteen or twenty Indians — some of them women and children. They 
had seventeen scalps — some of them those of white people. These scalps 
were hung up in the tent above the place where Pierce slept at night. The 
Indians begged food of Pierce and McClung, and in exchange gave them 
some jerked buffalo meat, the poorest food they ever saw. It was as hard 
as iron, and a wolf could have made no impression on it with his fangs. The 
chief wanted McClung to marry his daughter — said he would give McClung 
"heap ponies" to marry her. The girl was not averse to the marriage. In- 
deed, it is likely that she caused her father to make the proposal to McClung; 
she came over and sat down by McClung, and this act in itself constituted 
marriage in many tribes. She took off her moccasin, and her heel had been 
frostbitten. McClung declined to marry the Kaw princess. This may have 
been in consequence of a supper the Indians prepared and of which Pierce 
and McClung partook. This supper consisted mainly of soup made from 
the same jerked buffalo meat. This soup tasted like water in which meat 
bad been soaked, the foulest food these dainty white men had ever tasted. 
They could not retain it in their stomachs— and Pierce contracted his lips 
and swallowed hard when telling me about it fifty-four years later. I think 
he felt something of the original nausea even at that late date. Feasts of 
that kind of food had no charms for a high-bred Buckeye fond of ham, fried 
chicken, light biscuits, pies, cakes. They went on to Lawrence and found 
Plumb. 

One night when the party was building the house at Mariposa a band of 
border ruffians came into the tent to drive them off, but the boys showed 
plainly that they would not be driven away. The ruffians were drinking 
and wanted a row. They remained in "the vicinity several days, always 
exhibiting an insulting attitude. They pretended to be on a hunting ex- 
pedition, and did do some hunting. They had brought a barrel of whisky 
with them and remained until it was consumed, when they went away. 
They did not molest the free-state men a second time. 

The last of the settlers at Mariposa drifted away in the month of March, 
1857. The very last to leave were Pellette and Johns. They starved out. 
They went hunting, driven thereto by hunger. They found a buffalo bull 
and were lucky enough to kill it. While Pellette was left to skin and guard 
the carcass, Johns came into the settlement to get the oxen and haul in the 
meat. Pellette got one side of the buffalo skinned, when night and a terrible 
blizzard descended on the land together. Johns did not return with the oxen. 
Pellette feared to try to find the settlement in the storm and darkness. But 
he was freezing to death. In his extremity he thought to crawl under the 
hide skinned from the side of the dead buffalo, and there he found a tolerable 



The Lane Trail. 



shelter. But his troubles were not over by any means. No night was so 
dark or blizzard too cold to keep off the hungry wolves when attracted by 
the odor of a dead buffalo. They came about Pellette in their snarling, yelp- 
ing, gliding, hair-raising way, and he would crawl from his snug place and 
shoot at them and frighten them off. Then he would creep back and by the 
time he was getting a little thawed out the ghostly murderous pack was 
sniffing about the carcass of the buffalo and he would have to get out and 
fire at them again. This was kept up all night. It became a fight for life 
with these wolves, for they would likely have killed Pellette had they gotten 
to tearing the carcass of the buffalo; and if he had gone away from it he would 
have perished in the storm. He said he was never so glad in this world as 
when, with the early morning, he saw Johns coming with the oxen. 

Plumb would have made the settlement go if he had had enough money, 
but he had none after getting on the ground. Later he became interested 
in Emporia, which he made a fine town. None of the men blamed Plumb 
for not going on with the settlement at Mariposa. Fort Riley was a great 
drawback to that country then. It was all proslavery and molded public 
sentiment. Robert Reynolds was probate judge under the bogus laws. He 
was the head man. Truman L. Pooter was a man whom Pierce hauled saw- 
logs for during the winter of 1856- '57, and Reynolds asked him about Pierce, 
saying that Pierce had better leave as he had a Sharps' rifle and took the 
New York Tribune. The sawlogs were cottonwood, and Pierce hauled them 
over the snow. The lumber was used at Fort Riley. Fred Emery was regis- 
ter of the land office at Ogden. He had commanded the company that mur- 
dered Brown at Easton, Leavenworth county. Tom Reynolds, son of Robert 
Reynolds, was hanged south of the river by vigilantes for horse-stealing. 
Two others, of Reynold's sons, became highwaymen along the trail up the 
Smoky Hill and were killed. The best one of these boys was George Reynolds, 
and he went into the rebel army. Drinking whisky was the chief pastime 
of these fellows about Fort Riley. 



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Kansas State Historical Society. 



THE TRUE HISTORY OF THE BRANSON RESCUE. 

By Charles Howard Dickson. 1 

H^HE Missouri Compromise had been repealed. The solemn compact, 
-■- limiting the extension of slavery in the United States, which for more 
than thirty years had been deemed as sacred as the constitution itself, had 
been abrogated. The Kansas-Nebraska act had passed, opening up the 
territories to settlement, establishing the doctrine of squatter rovereignty, 
and paving the way for the irrepressible conflict, which was to follow. « 

For more than a year a steady stream of immigration had been flowing 
into Kansas from various parts of the Union. That from the north and east 
was composed principally of active, energetic and self-reliant young men 
and women of good morals, culture and refinement, peaceable and law- 
abiding, respecting the rights of all men, as they expected all men to respect 
their rights. They came anticipating and willing to bear the ordinary pri- 
vations and hardships of pioneer life, inspired with the hope of building for 
themselves farms and homes on the virgin soil of this new territory. There 
was also a percentage of men in middle life, who, having partially or totally 
failed in securing a satisfactory measure of success in their varied avocations, 
had come with their families, and such worldly possessions as they might 
have left, to "take a fresh start in life," hoping for better luck than had 
attended them in the past. 

A few — very few — may have partially anticipated the coming struggle 
for supremacy that was to take place, and in a measure have prepared to 
meet it, but the great majority entirely failed to read the signs of the times, 
because they had had no previous education along such lines, and had no 
thought of actual war or serious trouble. 

But there was another class of immigration which must be described, and 
perhaps it can best be done in the language of the southern negro, "De 
po' white trash." Very few slave owners and very few slaves came to 
Kansas to settle at that time, for the simple reason that it was too great a 
financial risk, not a good business proposition. 

Slavery is brutal. Brutalizing, not to the slave alone, but to his master, 
and to all that come within the sphere of its influence. Its effects were 
infinitely worse upon the poor whites of the south than upon any other 
class, and sank them to the lowest depths of degradation, subjecting them 
to the scorn and contempt of even the slaves themselves. Barred from all 
educational privileges, taught to believe that manual labor was degrading 
to the white man, placing him on a level with the "nigger," the poor whites 
became the abject tools of the slaveholding aristocracy, with all that that 
condition signifies. That they were used for the vilest purposes is well 
known to all who were conversant with the conditions of that period. 

1. Charles Howard Dickson was born at Groton, Mass., August 10, 1839. He came to 
Kansas with his parents in March, 1855, part of a band of New Englanders coming west under 
the auspices of the New England Emigrant Aid Company. The Dickson family settled near 
Lawrence and bore their part in all the struggle of those early days. Young Dickson served in 
the Third regiment, Kansas State Militia, called out to repel Price in October, 1864. He married 
Miss Julia Fanning in December, 1864, and in 1869 they moved to Osage county, where Mr. 
Dickson took up a claim on which he continued to live until his death, December 31, 1909. He 
is buried at Quenemo in the Oak Hill cemetery. A very interesting article by him entitled "The 
Boy's Story: Reminiscences of 1855," may be found in Kansas Historical Collections, vol. 5, p. 76. 



The True History of the Branson Rescue. 281 



The man who becomes accustomed to treating the black man with 
brutality, will in time learn to apply the same brutality to his white brother, 
and witness his sufferings with indifference; provided always, that he thinks 
he is safe himself in doing so. Such men, however, never meet a foe on equal 
terms if possible to avoid it. 

Such was the element, led and officered by a few unscrupulous but sharp 
and wily politicians, that the free-state party had to contend with during 
the eventful years of 1855-' 56. 

Unprovoked and cold-blooded murders and other outrages began to 
occur here and there throughout the territory, which, while they shocked 
the sensibilities of the people, were deemed to be sporadic, and a natural 
accompaniment to pioneer life. 

Notwithstanding the fact that armed men had come over the border into 
Kansas in March, 1855, and taking possession of the polls, had elected what 
became known as the "Border Ruffian or Bogus Legislature," the northern- 
bred men had no conception of the terrible earnestness of the slavepower, 
nor of the desperate means to which it would resort to make Kansas a slave 
state. Gradually, however, the thought seemed to dawn upon the minds 
of the free-state people that "there was method in the madness" of the 
opposition. Time and events deepened the suspicion into a settled con- 
viction, and finally into absolute certainty, that there was a carefully planned 
and thoroughly organized effort being made upon the part of the proslavery 
leaders to create a "reign of terror" in Kansas. This, they intended, should 

result in freightening away the "D d abolitionists," as all were called 

who did not openly advocate slavery in the territory, thereby leaving the 
slave power in absolute control. It was already in nominal control, having 
possession of all branches of the territorial government, with the national 
administration and the U. S. army to back it. The proslavery faction deemed 
our conservatism cowardice, our love of peace and passive submission to 
their outrages, pusilanimity. Force was the only thing they respected, and 
fear the only thing that held them in check. Hence our great need of men 
of iron nerve and dauntless . courage, such men as Robinson, Lane, Mont- 
gomery, John Brown, Walker, Wood, Abbott, Pike, and many others of like 
caliber, men who were ready and willing to take their lives in their hands 
and fight to the death, if need be, to establish the grand principles of human 
liberty in Kansas. 

So much by way of prelude for the benefit of readers who have not care- 
fully studied the conditions that led up to the event, which I shall attempt 
in the following narrative to describe. 

Many writers have touched upon the subject briefly, some drawing upon 
a fertile imagination for their facts, others giving the main points with 
substantial accuracy; but so far as I have been able to find, after a diligent 
search, no one has yet given a full and detailed account of the affair, nor a 
complete and accurate list of the names of the rescue party. In the light of 
subsequent events it seems to me that this should be done before the "eye- 
witnesses" are all gone, and I think they can almost be counted on the 
ringers of one hand now. Therefore, after waiting half a century for some 
abler writer to do the work, I have undertaken the task myself. 

Situated about five miles due south from Lawrence, there stood in the 
autumn of 1855, out on the open prairie without a vestige of fence or tree 



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Kansas State Historical Society. 



or even a bush about it, a rough box house about twelve by fourteen feet 
square. It was one story high, with a door in the east, and a half window in 
the west side, and was built of native lumber which had never seen a plane. 
The cracks were not even battened, and it had no chimney, a joint of ordinary 
stovepipe stuck through a hole in the roof serving instead. But humble as 
it was, it ranked as an aristocrat among its less pretentious neighbors, for 
it had a "plank floor" while many had only the ground for a floor, with 
possibly a carpet of sawdust. In addition to the floor below it was partially 
floored above, making a sort of shelf up under the roof extending about 
one-third of the length of the house. This shelf was across the north end 
of the building and just wide enough to hold a pallet, and long enough, in 
case of an emergency, to spread two, by placing them head to head. Tucked 
away on that shelf the writer found it convenient to spend many nights, in 
preference to sleeping alone on the ground in an "A" tent on his father's 
claim a mile further south. That is how he happened to be present at the 
"Branson rescue," for of course this was the home of Major Abbott (he 
wasn't Major Abbott then) with his wife and little daughter. The road ran 
north and south past the house on the west or rear side, and as there was 
no fence to keep it away, the travel came as close as it was possible to drive 
without actually hitting the house. But if the house was small, the liberal 
host and hostess always kept the latch string out for all their friends, and as 
their friendship was coextensive with their acquaintance, and all free-state 
people knew J. B. Abbott, it can readily be understood that it was a very 
common occurrence for people to drop in as they were passing, especially 
if it happened to be near meal time. 

About a half mile north from Mr. Abbott's house on the south bank 
of the Wakarusa, and right at the point where the old "Fremont trail" 
crossed the stream, there lived a man named Napoleon Bonaparte Blanton, 2 
who was commonly known as "Bony" Blanton. His genealogy is not 
known to the writer; but from his personal appearance and many of his 
characteristics, together with his name, I think he must have been of French 
and Indian extraction. In many ways he was radically different from the 
people of that time either from the north or the south. While he came from 
Missouri he was not a proslavery man, and yet he never took an active part 
with the free-state men as against the proslavery element. He apparently 
came nearer being a "neutral" than any other man I ever knew in Kansas. 
Really he acted in the capacity of a scout and spy for the free-state leaders. 
He settled here early in the month of October, 1854, and must have had 
some capital to start with, for in March, 1855, he had a good, comfortable, 
hewed-log house finished with stone chimneys on the outside in regular 
southern style, and had a bridge well under way across the Wakarusa, which 
he finished early in the summer following. As everything about his house, 
except the floor, was hewed out with the broadaxe, it involved a good deal 
of labor and expense. The bridge, of course, was a toll bridge, and since it 
was for a long time the only one across the Wakarusa, from source to mouth, 

2. For a biographical sketch of Napoleon B. Blanton see "Kansas Historical Collections," 
vol. 10, p. 244. In a letter to Mr. Dickson written in 1905, Capt. Blanton gives the following: 
"I was first named James by my grandfather on my mother's side. My father was of French 
descent and was a friend of Napoleon, but my grandfather hated him. After my father and grand- 
father had quarreled about Napoleon my father changed my name to that of the great general." 
Captain Blanton died at Wichita, Kan., April 30, 1913, from injuries received in an automobile 
accident. Two daughters survive him, Mrs. L. A. Hechard, of Wichita and Mrs. Dennis Flynn, of 
Oklahoma. 



The True History of the Branson Rescue. 



283 



it became widely known and largely patronized. Blanton also built a small 
log store building, and established a grocery store that summer, in addition 
to keeping a kind of a country hotel. Altogether he did more business and 
made more money than any of his neighbors. He was a very quiet-appearing, 
soft-spoken, conservative kind of a fellow never seeming to be in a hurry 
about anything. I thus minutely describe Mr. Blanton and his surroundings 
for the reason that he was the cause of the "Branson rescue," although he 
took no part in it. Except for him and his act there would have been no 
rescue. 

About four o'clock in the afternoon on the 26th of November, 1855, the 
writer went to spend the night at Mr. Abbott's. Arriving there he found 
only Mrs. Abbott and her little girl at home. Mr. Abbott had gone to attend 
the "Dow murder investigation," which was being held that day at Hickory 
Point. 3 A little after dark, owing to an attack of a sick headache, I crawled 
up to my shelf to go to bed. Just at that moment there was a gentle rap 
on the door, quickly followed by a second, as if some one were in a great 
hurry. As soon as the door was opened sufficiently to admit him, a man 
slipped in edgewise, instantly closing it behind him, as if to avoid pursuit. 
This unusual procedure so aroused my curiosity that I quickly slid down the 
ladder to learn the cause of it. I found the man to be "Bony" Blanton, 
and he seemed to be in a state of extreme nervous exitement. He inquired 
for Mr. Abbott, and upon being informed where he had gone, he proceeded 
to make known his errand, in a low, rapid voice, with his eyes constantly 
on the door, and his ears alert to the least sound outside. 

He told us that about noon Sam Jones rode into his place at the head of 
a body of men, all heavily armed with double-barreled shot guns, revolvers 
and knives; that they came from the direction of Franklin, where there was 
a camp of border ruffians. They made their business known to no one, nor 
gave any reason for staying, but remained at Blanton's until it began to 
grow dark when they moved out, going south. Mr. Blanton wanted to know 
if they had passed the Abbotts' house. Upon being assured that they had 
not, he seemed perplexed, but, after thinking for a few minutes, said they 
must have turned east after getting out on the open prairie, and have gone 
toward Blue Mound. He said that as they were starting away, Sam Salters, 
Jones' deputy, with whom he had been acquainted in Missouri, told him 
confidentially that they were going to arrest the "old man Branson." 4 Mr. 
Blanton thought if they got Jacob Branson they intended to kill him, but 
for what reason he did not know. He further said that he had not dared 
leave his house while the men were there, but as soon as possible after they 
had gone he had come to tell Mr. Abbott of the danger. Not finding him he 
was at a loss what move to make, fearing that Jones and his men would 
capture Branson and kill him before help could be found. 

3. Hickory Point was a post office early established in Douglas county, about ten miles 
south of Lawrence. The paper town of Louisiana, which later became Salem, was surveyed and 
platted on practically the same location as Hickory Point, but the name of the post office remained 
unchanged. 

4. "Jacob Branson came to Kansas Territory from Indiana in March, 1854, settling in the 
neighborhood of Hickory Point, Douglas county, in August. November 21, 1855, a young man 
who had been living with him was shot and killed by proslavery neighbors. A meeting of free- 
state men was held next day at the scene of the murder, and Branson attended. That night 
Sheriff Jones arrested Branson for participating in the meeting. On the way to Lecompton with 
the prisoner a party of free-state men, under James B. Abbott, met the sheriff's posse and released 
Branson. This affair was made the pretext for the Wakarusa War." — Kansas Historical Col- 
lections, v. 7, p. 527. 



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Kansas State Historical Society. 



After waiting a short time to see if Mr. Abbott would return Mr. Blanton 
grew uneasy and said he must go back home. He begged us not to tell any- 
one that he had been there, for he feared Jones and his men would "clean 
him out," if they knew he had reported their movements. 

Not long after Blanton left there was a sharp rap on the door, and upon 
opening it I found two men standing there, Mr. Allen and Mr. Hughes, the 
first arrivals from the Dow meeting. Of course they were made welcome, 
and Mrs. Abbott set about preparing supper for them. Meantime they 
recounted the events and happenings of the day in a very earnest and ani- 
mated manner. As soon as there was an opportunity to do so Mrs. Abbott 
and I told them of Mr. Blanton's call and the report he brought. 

At first they thought there must be some mistake about the matter, as 
they had just come direct from Hickory Point over the usually traveled 
road, and had neither seen nor heard anything of Jones or any one else 
going that way. I suggested that Jones had not passed there, but perhaps 
had gone further east and taken one of the other roads, or avoiding all 
roads, had gone across the open prairie, since there was nothing to prevent 
doing so. In any event he and his men were out somewhere, and evidently 
not out for any good purpose. Supper was now ready and our callers did 
not need a second invitation to sit up and help themselves; they had left 
home early in the morning and had had no dinner. 

They continued to discuss the possibilities and probabilities of Jones' 
whereabouts and purposes, and the more they thought about the matter 
the more serious the situation began to appear to them. If Branson was in 
danger of being murdered, as Mr. Blanton seemed convinced, something 
ought to be done. But what? That was the question. 

Just then came another rap on the door, and another pair of hungry 
gentlemen stood waiting an invitation to enter. This time it was Messrs. 
S. F. Tappan and S. C. Smith, of Lawrence. There was a broad smile on 
their faces as they beheld the cheerful fire and the table already spread, 
and it did not take them long to place themselves in position to do ample 
justice to Mrs. Abbott's cooking. As soon as they were seated at the table 
we asked them if they had met any mounted men as they came in. They 
promptly replied in the negative and Mr. Blanton's story was repeated to 
them. They said at once that Mr. Branson was the principal witness against 
Coleman in the Dow murder case, and that if Blanton's presumptions were 
correct an attempt was being made to put the old man out of the way in 
order to clear Coleman. Having just come from an all-day meeting of a 
hundred or more men whose indignation was at a white heat, over the cold- 
blooded and cowardly murder, the reader can readily imagine that our in- 
formation but added fresh fuel to the flames already burning fiercely in their 
bosoms. And when a little later Mr. Abbott, accompanied by S. N. Wood, 
appeared on the scene, a council of war was held around the supper table, 
which resulted in a determination to act, and to act immediately to save 
Branson's life. It was decided that Messrs. Allen and Hughes should go 
into what was then called the "Illinois settlement," now known as Pleasant 
Valley, to spread the alarm and rally as many men as possible. Messrs. 
Wood and Abbott were to go back toward Hickory Point to discover, if 
possible, what had become of Jones's party and whether they had succeeded 
in capturing Mr. Branson. Both Mr. Wood and Mr. Abbott carried large 



The True History of the Branson Rescue. 285 



knives with the avowed intention, in case they should go to Branson's and 
find Jones and his men there to slip up and "hamstring" the horses, thus 
delaying the escape of the posse. 

Messrs. Smith and Tappan were to go at once to Wm. Eastabrook's 
house situated about half way between Abbott's and Hickory Point. Esta- 
brook's was to be the rendezvous for a portion of the rescue party, if it could 
be rallied there in time. Messrs. Allen and Hughes showed remarkably good 
judgment in the route they chose, for in going less than two miles they 
secured the assistance of four of the best fighting men that could be found 
anywhere in that vicinity. Namely, Paul Jones, Philip Hutchinson, Philip 
Hupp and Miner B. Hupp. Paul Jones was an old frontiersman, a black- 
smith of powerful frame and iron nerve, who would have considered it a 
disgrace to shoot a squirrel any where but in the eye, and who could shoot 
a man with the same unerring aim if necessity required it. Captain Philip 
Hutchinson was a veteran of the Mexican war who was in all respects the 
peer of Paul Jones, with the additional advantage of his military training 
and experience. Philip Hupp, another veteran of the Mexican war, was as 
large, as good a shot, as fearless and strong as either of the other two. These 
men formed a trio that was a tower of strength for inexperienced men to 
rally round and worth a dozen raw men in battle. The fourth man was 
Miner Hupp, son of Philip Hupp, "a chip off the old block" to whom the 
prospect of an adventure was the most enticing thing on earth. 

Having reached Hupp's, Allen and Hughes accepted Miner's offer to 
go on and spread the call to arms, while they returned at once to Abbott's 
house. They feared that Jones might return before our men could rally in 
sufficient force to stop him. 

In an account of the affair written by Collins Holloway, he says, "On 
the evening of November 26th, Miner B. Hupp came riding through the 
valley rallying the free-state men to the rescue. The place of meeting was 
to be J. B. Abbott's house. The time, as quick as we could get there." 

As fast as the men arrived they huddled into the house to keep warm, 
for it was a sharp, frosty night, and chilled a man to the bone to stand 
outside long. Two men at a time were kept on guard, with frequent relief. 
As there were at least three fords on the Wakarusa between Blanton's and 
Blue Mound by which Jones could return to Franklin, where we all thought 
he would go, it was deemed advisable to send out some scouts to watch the 
roads leading to them. Some three or four men volunteered for this service 
and went, but as I was on guard at the time, I am unable to say just who they 
were. This I regret, for they are entitled to the same recognition as those 
who remained at the house. However, this statement will account for an 
apparent discrepancy between the number who are named as the rescue 
party, and the number who were actually present when Jones returned and 
Branson was taken from him. The names given as the rescue party include 
all who are known to have taken an active part in the affair that night. 

Somewhere about eleven o'clock or later Wood and Abbott returned, 
a very tired and much disappointed pair of gentlemen. They had ridden 
clear back to Branson's house, a distance of at least six miles, Only to find 
Branson gone and his wife in an agony of distress. She said that a gang of 
men came to the house after she and Mr. Branson had retired and wakened 
them by knocking on the door, and that without waiting for an answer they 



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Kansas State Historical Society. 



burst the door open and rushed in. They dragged Branson out of his bed 
and made him dress himself in a hurry. When she asked by what authority 
and for what purpose they were taking him, they gave her no satisfaction, 
but told her they would attend to that. They took Branson out and put him 
on a mule and were gone, but she had no idea where. She was sure they 
intended to kill him, and she would never see him alive again. 

After saying all they could to comfort her and allay her fears, Abbott 
and Wood remounted their horses and started back 

They were much puzzled to know how Jones appeared and disappeared 
so mysteriously, and which way he had gone, as they had twice since dark 
been over the entire route he would ordinarily have taken, and had neither 
seen nor heard of him. However, there seemed to be nothing to do but hurry 
back to the rendezvous and make their report, when further action could be 
determined upon. They freely confessed to each other that the chances 
looked pretty slim for saving the old man Branson. Upon their arrival at 
Abbott's house, after a rapid ride, both men and beasts jaded and weary, 
they were pleased to find the little place packed full of sturdy, determined 
men, eager to hear their report. It had been an open question whether the 
people would rally if called on. But that part of the undertaking was a 
success at all events, for not a man had refused to respond promptly, and 
there was consolation in the fact. 

After listening to the report there was a general and animated, not to say 
excited, discussion of the situation. The more they talked the more certain 
became the conviction that nothing could be done, and that they might as 
well go home. A few, however, said, "Our scouts have not yet reported, 
and it is hardly possible for Jones to get back to Franklin, where he is bound 
to go, without being seen by some of them; let's not be in a hurry, something 
may develop yet." And it was not long until something did develop. The 
road to Hickory Point after, running due south from Abbott's house for a 
half mile, turned diagonally to the southeast and followed a high ridge for 
something more than a quarter of a mile, before bearing away to the south 
again. 

While it had been quite dark the fore part of the evening, the moon which 
was a little past the full, was now high in the heavens, the air was clear as 
crystal, and perfectly still. A person with good eyesight could have read 
ordinary print by the light of the moon. 

It chanced that I was then on guard along with J. R. Kennedy. I had 
learned when quite young to "look Indian." It is done by lying flat on the 
ground and looking towards the sky or the horizon. In that way one can 
see objects moving which one could not distinguish at all while standing. 
My eyes were young and keen then and they watched that ridge closely. 
At last, fully two-thirds of a mile away, an object seemed to move, and 
then another, and another, and yet another. As they drew a little nearer 
and came higher on the ridge it was plain to be seen that it was a body of 
mounted men. Whether I ran or flew I never knew, but I must have gone 
against that door like a rock from a catapult, for it flew open with a bang 
against "Preacher Elliott" who was down on one knee, not praying, at least 
not audibly, but working vigorously trying to draw an old rusty load out of 
his gun. I managed to gasp out, "They are coming." It was all I could say, 
but its effect was electrical. 



The True History of the Branson Rescue. 



287 



I may as well explain here that Jones and his men, after capturing Mr. 
Branson, had gone to the house of a proslavery man living in that neigh- 
borhood to warm and "liquor up," and had made quite a stop there, leaving 
the old man sitting shivering on his mule, with guards over him of course, 
but changing them so that all could refresh themselves. That will account 
for the failure on the part of Wood and Abbott to discover the whereabouts 
of the Jones posse. 




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Kansas State Historical Society. 



Some historians have thought that this was a deliberate trap set by Jones 
to induce the free-state men to attempt a rescue, and thereby lay themselves 
and their party liable to the charge of insurrection and treason. The prem- 
ises do not warrant any such conclusion. On the contrary, they show it to 
be utterly groundless and incorrect. In the first place Jones was only a very 
ordinary man, as his entire history shows, incapable of deep thinking or 
shrewd generalship. In the second place he lacked the nerve required to 
meet the risk involved in such a scheme. His every movement showed that 
he desired to avoid rather than to court a collision. If he had wished to make 
a "grand-stand play," what better thing could he have asked than to have 
marched straight out to Hickory point with his warrant and his posse that 
afternoon in broad daylight, made his arrest and taken his prisoner away, 
with at least a hundred armed free-state men on the ground to witness the 
operation, and do the "rescue act" if they dared defy the executive arm of 
the law? Did he do it? No. Do you suppose he was ignorant of his op- 
portunity? Why did he remain in seclusion a full half day at Blanton's 
place, waiting for darkness to hide his movements, and then, instead of taking 
the ordinary and direct route to Hickory Point, on which he would have been 
sure to meet men returning from the Dow investigation, sneak off on some 
roundabout way that nobody ever discovered? It is true he came back by 
the usual route, but he naturally depended upon the secrecy of his move- 
ments, and the lateness of the hour, to prevent his discovery. And I assure 
you they did not make any unnecessary noise as they approached Mr. Ab- 
bott's house, which to all appearances was wrapped in the stillness of mid- 
night slumber. And they had ample time to reach Lecompton, or Franklin 
either, before daylight. Oh no! Mr. Jones wasn't hunting either trouble 
or glory that night, and would have been no more surprised had a thunder- 
bolt fallen from the clear, cloudless sky, than he was when that line of men 
shot across his path as he came abreast of Mr. Abbott's house. No doubt 
he thought "discretion the better part of valor," and seriously I must re- 
spect his judgment, for I apprehend that had he run against the crowd at 
Hickory Point that day, in the temper they were in, there would have been 
no necessity for a rescue party at Mr. Abbott's place that night, law or no 
law. 

Now to return to the thread of my story. 

Immediately after my announcement that the posse was coming, the 
light went out. Next, in the language of S. N. Wood, 5 "pell mell we rushed 
out of the house." This was true of all the men except " Preacher Elliott, "" 
who remained a few minutes still trying to clean his gun, but failing to ac- 
complish his purpose, he took it as it was, and followed the rest out to the 
north end of the house. There, standing bunched up in the shadow of the 
building so we could not be seen by anyone approaching from the south, we 
awaited in absolute silence the coming of Jones and his party. 

I now quote from Collins Holloway's account of what happened. "As 
they came near we went out and turned the corner of the house. Philip 
Hupp was the first man to cross the road, next came Paul Jones, both armed 
with squirrel rifles; next came Capt. Hutchinson armed with a handful of 

5. The State Historical Society has in its manuscript collections the statement relating to 
the Branson rescue made by S. N. Wood, and addressed to A. Wattles, Esq., Lawrence, Kan., 
August 29, 1857. This statement was published in Dr. Robinson's "Kansas Conflict," 1892. 
p. 184, and it is from this Mr. Dickson quotes. 



The True History of the Branson Rescue. 289 



large stones. J. R. Kennedy and myself were next, thinking it best to stay 
close to Capt. Hutchinson, as he was an old fighter. As they drew near we 
all closed together in front of them." Here I will quote a single sentence from 
S. N. Wood's account referring to the same moment of time: A moment 
passed in silence, when one of their party said, 'What's up?' " 

Again I quote from Holloway: "Major Abbott replied, 'That is what 
we want to know.' Then there was a commotion as Major Abbott let his 
revolver go off. Then the question was asked again, 'What's up?' J. R. 
Kennedy told Abbott to ask them if Branson was there, and the answer was, 
' Yes, I am here a prisoner. ' Then three or four of our men spoke up saying 
' Come out of that, ' and Branson replied, ' They say they will shoot me if I 
do.' Col. Sam Wood replied, 'Let them shoot and be d — d, we can shoot 
too.' Branson replied 'I will come if they do shoot,' starting the mule he 
was riding, the man who was leading the mule letting it go very quietly. 
The rest of the proslavery men cocked their guns and raised them to their 
shoulders. Our men brought their guns to their shoulders in quick order too. 
Then Colonel Wood asked Branson if that mule was his. 'No,' was the 
reply. Then giving the mule a kick he (Wood) said, ' Go back to your master, 
d — n you.' " 

Again I quote from S. N. Wood: "Jones then advanced on horseback, 
said his name was Jones, that he was sheriff of Douglass county, Kansas, 
that he had a warrant to arrest the old man Branson, and he must serve it. 
He was told we knew no Sheriff Jones. That we knew of a postmaster at 
Westport, Missouri, by that name, but knew of no Sheriff Jones. 
Jones still said he had a warrant to arrest him [Branson] and he must do it. 
S. N. Wood, Esq., said he was Branson's attorney. That if he had a warrant 
to arrest him, he wanted to see it, and see if it was all right. Jones said he 
had it but refused to show it. Wood asked if it had been read or shown to 
Branson. Jones admitted it had not, when he was told that until he pro- 
duced the warrant, Branson could not go with him. An hour at least was 
spent in parleying, when Jones and his company bid us good night and left." 

After Mr. Branson got off the mule he went around and into the house,. 
Mr. Abbott accompanying him to the door, As soon as he was inside Branson 
called to Mrs. Abbott for a gun and wanted to go out again, but she told 
him they had no gun for him. Then he said he was going out and stay with 
his friends anyway. But Mrs. Abbott, who had been standing by the window 
watching operations outside and listening to the talk, quietly stepped around 
the old man, and setting her back against the door, told him he couldn't go 
until Jones left. One writer tells an absurd story about Mrs. Abbott going 
out and helping Branson to dismount and leading him into the house. When 
it is known that he was a giant in stature, who, though getting along in years, 
was by no means decrepit, and strong enough to pick an ordinary sized man 
up under each arm and walk off with them, it becomes too silly even to laugh 
at. In fact, Mrs. Abbott did not go outside of the house at any time while 
Jones and his men remained there. After Jones left, and Mr. Branson re- 
alized he was safe for the present at least, the brave old man, who had said 
"I will come if they do shoot" and had immediately made good his words 
at the risk of instant death, broke down and cried like a child. The reaction 
after the terrible nervous strain through which he had passed had come. 
To my boyish mind it was a strange sight to see tears rolling down his cheeks 

—19 



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Kansas State Historical Society. 



and his huge body shaking with sobs, but Mr. Holloway said to me recently 
that "It made me feel like crying too, to see the old man cry so;" and I 
suspect that there was more than one man there that night who felt the same 
way. 

It now becomes necessary to quote from S. C. Smith's account of the 
affair, as given in the tenth edition of Mrs. Robinson's "Kansas," and also 
in a personal letter to me under recent date. The reader will recollect that 
Smith and Tappan were to go to Mr. Eastabrook's rallying as they went the 
men living along the route, and holding there such force as they might be 
able to gather until further word was received from Messrs. Wood and Ab- 
bott. In his letter to me Mr. Smith says: 

"Tappan and I remained at the E's until Abbott came and told us that 
Jones had got Branson, and that we must go back to his (Abbott's) house 
as quickly as we could. Abbott rode off and left us, and we reached his 
home just as Branson had gone into it, after leaving the posse." 

It would seem that they were not very successful in obtaining help, for, 
according to Smith's statement in Mrs. Robinson's book, Mr. Eastabrook 
was the only man who returned to Abbott's house with them, and my 
recollection confirms his statement. Mr. Smith graphically describes mat- 
ters as they appeared to him in the following language: 

"Behind the house, on horseback, were the posse, facing the rescue party 
with S. N. Wood in front of it. A battle of words was waging fiercely be- 
tween the opposing parties. A proslavery man said, with an oath, 'I can 
bear this no longer, ' and guns were moved on his side as if to fire, when 
Wood said to the men behind him, 4 Come up here, men, what are you afraid 
of?' They stepped up bringing their guns to a ready. The posse lowered 
their guns and their opponents did the same. Jones and some of his men 
then dismounted and mingled with the free-state men, stating why and 
how he had arrested Branson, demanding his delivery to him, and threat- 
ening the consequences that would follow if he was not delivered. 

"On the refusal of the free-state men to deliver up Branson, Jones and 
his posse rode away. The free-state men considered what should be done. 
Finally they decided that it was best to take Branson to Lawrence. They 
were, and had been, only a body of men suddenly called together to meet an 
emergency, and no man there had any right or exercised the right, to assume 
leadership by any authority before given." 

"When the forces confronted each other nearly all the free-state men 
had something to say; but as in all such cases there will be someone who 
will take the leading part, so in this case the facts as there known show that 
S. N. Wood bore a leader's part. Such was his fearlessness, zeal, and repu- 
tation, he could not help going to the front and becoming leader of men thus 
hurriedly called to meet danger." 

"After it was decided to go to Lawrence S. N. Wood was made captain, 
and S. C. Smith lieutenant. A drum was procured, and taking Branson 
with them, the rescuing party started for Lawrence. No one of that body 
of men had thought of the future, or the result of his act, when he rallied to 
take Branson from the usurping sheriff who was persecuting him because he 
was for a free state. If any one gave thought to it he could only think of 
Lexington and Concord bridge, where were 'fired the shots heard round the 
world.' At Lawrence the rescurers first called on Gov. Robinson, who ad- 
vised the calling of a meeting." 6 

In the above extracts Mr. Smith has very clearly and concisely set forth 
the conditions as they actually existed at that stage of the proceedings. No 
one could have told it better. We were simply a mob without the semblance 
of an organization, or even a recognized leader; and although we had taken 
Jones by surprise, for lack of a commander we lost all our advantage from a 



6. "Kansas; Its Interior and Exterior Life," by Sara T. D. Robinson, 10th edition, 1899, 
p. 419. 



The True History of the Branson Rescue. 291 



military standpoint by lining up like a lot of boys at a spelling school and 
standing in silence awaiting a challenge from the other side. It was "a dead 
give away," and had Jones been a quick-witted, nervy commander, he 
would have bowled us over like a lot of tenpins and gone his way before we 
had time to rally. But he lacked the ability to use his opportunity. The 
simple truth was that during the brief time that elapsed between the return 
of Wood and Abbott and the appearance of Jones and his posse, our party 
was so busy discussing the probable whereabouts of Jones that no one seems 
to have thought of the necessity of organizing our force, at least no one 
mentioned the matter. 

The man best fitted to take command was the gallant old Mexican war 
veteran who stood in our line with a rock in each hand and more in his pocket, 
Capt. Philip Hutchinson. But modest as he was, he would not push himself 
to the front unasked. As indicated in the quotation from Collins Holloway, 
a part at least of our men looked to Mr. Abbott to act as spokesman for us, 
but for some reason he was very nervous that night. This was apparent to 
all and was shown by his pulling off his revolver unintentionally, thereby 
placing us in jeopardy. It may have been owing to the severe mental and 
physical strain he had just been through, together with the chilling effect 
of the cold night ride, or it may have been his native modesty and lack of 
experience in assuming grave responsibilities. In any event, while he showed 
no disposition to avoid danger, he was evidently not in fit condition to take 
command of the rescue party that night. 

In the emergency, S. N. Wood, aided by his legal training and experience, 
together with a bold and self-reliant nature, stepped to the front and became 
the nominal leader acquitting himself with credit, although he showed his 
nervousness by his profanity, a habit to which he was not addicted ordi- 
narily, having been raised a Quaker. 

It is to be regretted that after so close and intimate a friendship some 
feeling of jealousy should have developed in later years between the two 
men, Abbott and Wood, over the question of leadership that night. Both 
were entitled to credit. Both were true and brave men, as they afterwards 
showed repeatedly. Both were an honor and a credit to Kansas, and had 
much to do in shaping her destiny as a state. 

Since the result of the meeting called at Lawrence, to which Mr. Smith 
refers, has been a matter of history for half a century it is unnecessary to 
repeat it here. 7 Although in this paper I have quoted quite fully from the 
reports of Messrs. Wood and Smith, and fully endorse all I have quoted, 
there is one point upon which truth and justice to all parties compels me to 
take issue with them, and that relates to the manner in which the informa- 
tion was obtained of the purpose of Jones to arrest Branson. To make my- 
self clear, I again quote from S. N. Wood: "I set out with J. B. Abbott to 
return to Lawrence. It was very dark in the fore part of the evening. Losing 
our way we got belated, but finally about ten or eleven o'clock, found our 
way to Blanton, where we were met and told that a large party of armed 
men had just passed towards Hickory Point. I immediately urged the 
necessity of following the party to ascertain if possible their business to 
Hickory Point. We finally adjourned to Abbott's for supper. After supper 

7. The Executive Minutes of Gov. Wilson Shannon, September, 1855, to August, 1856, 
were published in vol. 3 of the "Kansas Historical Collections," p. 279, et seq. The correspondence, 
dispatches, orders, etc., relating to the Branson rescue and resulting Wakarusa War may there 
be found. 



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Kansas State Historical Society. 



fresh horses were procured." 8 That is Wood's version written nearly two- 
years after the occurrence. 

I now quote from S. C. Smith: "After the meeting, which did not ad- 
journ until near dusk, on their return, Tappan, who was on horseback, rode 
on towards Lawrence, leaving Wood and Smith with Major Abbott at Ab- 
bott's house. Tappan, after some time had passed, came back, and informed 
Wood, Abbott and Smith that Jones and a posse had just gone by on their 
way to arrest Branson. On crossing Blanton's bridge Tappan noticed a 
number of horses with saddles in front of a saloon, and thinking it suspicious 
sought to learn the purpose of the party. When the men came out and 
mounted, and passed on the road south, he joined them, and rode on with 
them, guarding himself from discovery, to which the darkness aided him, 
until he learned what their purpose was, when he cautiously left them and 
hastened to Abbott's." 9 

The careful reader will readily see that it is impossible for both of these 
reports of the discovery of Jones's plan to arrest Branson to be correct. If 
Wood's statement is correct, Smith's statement falls to the ground, and 
vice versa. The fact is, both are incorrect. Not intentionally, of course, but 
because owing to the fact that their minds had been so absorbed with the 
passing events of that exciting period, in which they were both very active 
participants, their recollection of the subject had become dim and hazy. 
The information was given out, exactly as I stated in the beginning of this 
narrative, by Captain N. B. Blanton. He, and he alone, is entitled to the 
credit of having discovered Jones's intentions and of giving the alarm, and 
it is due to him and his posterity that Kansas should know the fact. As 
Jones and his posse left Blanton's place about the same time that Abbott 
and Wood and Smith and Tappan left Hickory Point, the two places being 
fully seven miles apart, it is easy to see the utter impossibility of their state- 
ments being correct. 10 

8. "Kansas Conflict" by Charles Robinson, 1892, p. 185. 

9. "Kansas, Its Interior and Exterior Life," by Sara T. D. Robinson, 10th ed., 1899, p. 418. 

10. The manuscript collections of the Historical Society contain the "Recollections" of S. 
F. Tappan, given in November, 1890; he devotes some pages to the "Branson rescue," and the 
following excerpt is of interest here. "On the night of November 26th [1855] returning alone 
to Lawrence from a meeting at Hickory Point to consider and determine what action to take 
upon the then recent murder of a free-state man named Charles W. Dow, by a pro-slavery neigh- 
bor, Franklin N. Coleman, Sam'l N. Wood and Sam C. Smith, who had accompanied me from 
Lawrence with one saddle horse between us, concluded to remain over night with Major J. B. 
Abbott. Leaving them and riding on in the darkness about half a mile, I found myself in the 
midst of several horses. Just then the door to Mr. Blanton's cabin near the bridge opened, and 
a crowd of men came out and mounted their horses and turned toward Hickory Point. They 
evidently thought me one of their own, it was much too dark to recognize anyone. Curious to 
know what was up I turned and rode away with them, until having learned their intent. Then 
falling out I returned to Major Abbott's, reporting what had happened. It was decided that 
Wood take my horse, ride down the Wakarusa to notify friends to rally at Abbott's with their 
weapons, and then go to Branson's. Abbott was to go up the Wakarusa upon the same errand as 
Wood. While Smith and myself were to push on to Branson's house some five miles distant. 
When about half way we met Wood who had been to Branson's house and learned that Jones 
had been there with a posse of about twenty men, arrested Branson and driven off. We concluded 
to return to Abbott's and there determine what to do. On reaching the house we found about 
twenty-five men assembled. . . . The moon had risen, when suddenly Mrs. Abbott, who 
was sitting at the window exclaimed " Here they come. "... We rushed out of the door 
round the north end of the house and formed a line across the road as Jones' party came up with 
their guns across their saddle bows. Wood commanded a halt and we all cocked our Sharps'. 
The sound must have been heard and heeded, for they halted, and not one of them dared to raise 
their rifles. Wood called for Branson, who responded and rode over to our side. After parleying 
for some time Jones had dismounted and was among us threatening what he would do if not per- 
mitted to take his prisoner to Lecompton. He remounted his horse and rode off with his party 
to Franklin. ..." 

For a biographical sketch of Mr. Tappan see "Historical Collections," vol. 7, p. 527. Mr. 
Tappan died in Washington, D. C, January 6, 1913. 



The True History of the Branson Rescue. 



293 



The band of conspirators who determined upon and planned the rescue 
of Mr. Branson consisted of eight members, namely, Elmore Allen, Joshua 
Hughes, Samuel F. Tappan, Samuel C. Smith, Samuel N. Wood, James B. 
Abbott, Mrs, J. B. Abbott, and the writer of this paper. I wish to record 
the fact here, that there was no braver spirit present, and none more earnest 
and determined to rescue Mr. Branson, than Mrs. Abbott. The plan adopted 
was the result of a general discussion, in which all took part, and not the 
thought of a single brain. Its adoption was unanimous. To each was as- 
signed work to execute, and each proceeded immediately to the performance 
of his task. To repeat, Messrs. Allen and Hughes were to go up to the Wa- 
karusa and rally what help they could get in that direction; Messrs. Smith 
and Tappan were to go south to Eastabrook's; Messrs. Wood and Abbott 
were to go to Hickory Point; Mrs. Abbott and the writer were to remain at 
the house and prepare to receive and entertain the men as they arrived in 
response to the call. I very distinctly recollect that my first job was to cut 
and bring in a big pile of stove wood, for the night was stinging cold. 

Thus it will be seen that all were equally guilty of "conspiring against 
the peace and dignity of the territorial government," and if there was any 
honor in the act, of which no one thought at that time, it seems to me but 
simple justice that it should be divided share and share alike. The names of 
those who responded to the call and became parties to the crime were as 
follows: Rev. Julius Elliott, Collins Holloway, Jonathan R. Kennedy, Capt. 
Philip Hutchinson, Philip Hupp, Miner B. Hupp, Edmond Curless, Paul 
Jones, John Smith, B. Hitchcock, Isaac Shaffer, Ad Rowley, Harrison Nich- 
ols, and L. L. Eastabrook; fourteen in all, who with the eight archcon- 
spirators made a total of twenty-two directly engaged in the rescue, and all 
alike entitled to recognition, although not all present at Abbott's house just 
at the time Jones and his posse put in an appearance. 

Three, namely; S. C. Smith, S. F. Tappan and L. L. Eastabrook, arrived 
after Branson had been taken from Jones, but a long time before Jones took 
his final departure; while the three scouts who were watching the lower 
fords on the Wakarusa, Hitchcock, Hughes and Shaffer, did not return until 
the rescue party had started for Lawrence. That would leave sixteen in all, 
or fourteen men, one woman and one boy, present when Jones returned. 
Mrs. Abbott remained inside the house all the time, but she was closer to 
Jones and his men than was our line in front of them, and I am confident 
that if hostilities had actually commenced there would have been surprising 
flank fire from that little west window. 

To make my record complete it now remains for me to account for, or 
explain, an apparent discrepancy between the muster roll that I have given 
and those given by two other members of the rescue party. In a paper 
sent to the old settlers' reunion held at Bismarck Grove in 1879, J. R. Ken- 
nedy 11 gives, among others, the names of "Isaac Shappet, William Hughes 
and Lafayette Curless." There was no one by the name of "Shappet" 
there. This evidently refers to Isaac Shaffer, a young man who was working 
for "Preacher" Elliott and came with him that night. In an interview on 
the subject with Collins Holloway held in December, 1904, we were agreed 
that Kennedy meant Joshua Hughes, a member of the "Illinois settlement" 



11. Major Kennedy's paper was published in The Kansas Monthly, Lawrence, May, 1880. 
It was later published in the Andreas' "History of Kansas," 1883, p. 116. 



294 



Kansas State Historical Society. 



and a neighbor of Elmore Allen, and not William Hughes, who lived east of 
Lawrence. Regarding Lafayette Curless, Mr. Holloway, who was con- 
nected by marriage with both the Kennedy and Curless families, said "J. R. 
was simply mistaken, for I know that Lafe and Tom Kennedy were off 
together that night, on an expedition of their own, and were not at home 
when Miner Hupp came around, so Lafe could not have been at Abbott's 
that night." I am very sure he was right, and I think that disposes of the 
matter so far. 

In Col. S. N. Wood's statement to Wattles heretofore mentioned, not- 
withstanding the fact that Wood says he made a memorandum of the names 
at the time, and that his statement, so far as I know, has gone unchallenged 
for nearly half a century, I find no less than four errors in the list of names 
he gives of those actually present at the time Branson was taken away from 
Jones. He calls Paul Jones, Daniel Jones; Collins Holloway, Carlos Hol- 
loway; Edmond Curless, Edward Curias. These three errors were of little 
importance, except to the parties themselves or their relatives and friends, 
because in each case there was a man to represent the names Jones, Holloway 
and Curless. In the fourth error, however, the case is different. In that he 
gives the name of William Mearis as being present, when he was not there 
all that night, as I happen to know personally, because of the fact that, dur- 
ing the latter part of that night, I went to his house, called him out of bed, 
and gave him the first information he had of the matter. This I did after 
the affair was all over, and Jones and his posse had gone back to Franklin. 

It came about in this way. After it had been determined to go to Lawrence 
with Mr. Branson, Mrs. Abbott decided to take her little daughter and go 
to Mr. Mearis and spend the remainder of the night. I was intending to go 
to Lawrence with the rest of the party, but Major Abbott called me aside 
and told me that he did not like to leave the house alone, on account of the 
large quantity of ammunition and military supplies that he had just brought 
on from the east, and had stored there, and he requested me to remain at his 
house until morning. To this I at first demurred, as all the weapon I had was 
a small single-shot pistol, and then I didn't fancy the idea of staying alone 
anyway. The Major however was quite urgent about the matter, and I 
finally told him if he would furnish me with a good gun and one man to 
stay with me I would stay. He said they could not spare either gun or man 
as they didn't know what they might run into on the road, and some two 
or three of the men were intending to go home anyway. Finally it was 
agreed that I should go across the creek to Mearis' and borrow a gun, and 
then stop at Blanton's on my return and get a man named Waterhouse to 
come back and stay with me. 

That plan was carried out, Mrs. Abbott and her little girl going with 
me to Mearis' cabin, as the party was not quite ready to start for Lawrence. 
Upon our arrival I "halooed, " Mrs. Abbott keeping quiet. The answer came 
back "Who is there?" On giving my name, Mearis bounced out of bed, and 
without stopping to dress swung his cabin door open wide and said " Come in." 
He looked out in the bright moonlight, and saw my companions, and — well, 
I have to smile even yet when I think of how he shot back behind that door, 
and shouted, "Hold on, wait a minute, and I'll strike a light." Of course 
we waited, and it seemed to take him some time to find the matches, but 
when he appeared again he had donned his pantaloons. I related the news, 



The True History of the Branson Rescue. 



295 



got a gun and started back to Abbott's, just as the rescue party arrived on 
their way to Lawrence. They stopped in to warm, and I presume, although 
I do not know positively, that Mr. Mearis went on to Lawrence with them, 
for no man in the neighborhood was more ready to turn out on all occasions 
of public interest than William Mearis, and no man could be a better neigh- 
bor. As Col. Wood in all probability made his muster roll after arriving in 
Lawrence, it would be quite natural for him to place the name of Mearis on it. 
That is how I account for error number four. 

I returned to Mr. Blanton's and called up Waterhouse, who got up 
grumbling at being disturbed at such an hour, but proceeded nevertheless 
to dress and get his gun. We then went back to Mr. Abbott's house, crawled 
up on the little shelf, because we thought it safer in case of attack than the 
lower floor, and laid down without undressing, our guns by our sides, to 
watch but not to sleep. We agreed that if any one called we would not 
answer, unless we recognized the voice. It was not long until a "Hello" 
was heard and I answered. That made Waterhouse mad, and he was about 
to hit me a rap over the head. He did not know the voice, but I told him I 
knew who it was. We climbed down from our perch and opened the door to 
our caller, Simeon Gilson, who, after listening to our report of the night's 
doings, returned to his home. Scarcely had we settled ourselves again when 
we heard steps approaching the house, this time as if there were several 
persons coming. Soon there was a heavy rap on the door, followed by a 
second, and then a third, but no sound of a voice was heard. Silently we 
cocked our guns, and brought them to our shoulders, waiting the attack 
which we both expected. For a brief space all was quiet, and then three or 
four pistol shots were fired in quick succession on the west side of the house, 
right where Jones and his posse had been halted, but still no sound of a 
voice. After the firing ceased all was quiet, and nothing more disturbed us. 
To this day I have never learned who did the shooting, but presume it was 
our scouts returning from their long cold watch on the fords of the Wakarusa. 

There may be those who would care to know the exact location of Major 
Abbott's claim. It was the southwest quarter of section nineteen (19), 
township thirteen (13), range twenty (20), east. His house stood on the 
west line about midway between the northwest and southwest corners of 
the quarter. The farm afterward was owned and occupied many years by 
Major Thomas H. Kennedy of the 12th Kansas, and I think still belongs 
to some of his heirs. 

With the rescue of Branson war began in Kansas. In this first "clash 
of arms" victory perched on Freedom's banner, and the contest, although a 
bloodless one, was far-reaching in its effects. From that hour the fight was 
on between the powers of light and the powers of darkness, and the 
conflict raged with more or less virulence, but ever varying fortune, until 
General Grant captured General Lee upon the "Sacred soil" of the "Old 
Dominion" nearly ten years later. 

A word of the "rescue party" in closing. At this writing, September 15, 
1906, but four are known to be living. Samuel F. Tappan in Washington, 
D. C.; Samuel C. Smith, Cambridge, Mass.; A. W. Rowley, Lawrence, Kan., 
and the writer, near Quenemo. Of Isaac Shaffer no trace can be found. 
After remaining a short time in Kansas he returned to Illinois. 



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The following statement relating to the Dow murder and the Branson 
rescue is taken from the "Reminiscences of John E. Stewart," the "fighting 
parson." The original of the document is in the manuscript collections of 
the Kansas State Historical Society and is found among the "Hyatt Papers," 
gift of Thaddeus Hyatt, in 1879. (Ed.) 

"A man by the name of Coleman living at Hickory Point, in order to 
quarrel with the free-state men, commenced cutting timber on a claim 
belonging to Charles W. Dow. With the timber he burnt a lime kiln and 
sold the lime. Dow submitted to this imposition, and Coleman, supposing 
he could repeat the act with impunity, commenced cutting for another lime 
kiln. Dow, hearing him at work, went over and ordered him to stop, but 
Coleman persisted in his chopping. Whereupon Dow left and went to the 
house of Jacob Branson, where he boarded, told Branson about Coleman 
and asked him to accompany him back to the claim, as Coleman had a man 
there with him. Branson took his Sharps' rifle and urged Dow to do the 
same, but he refused. When they came to the place Coleman had left but 
his man remained. After some conversation Branson left for his home and 
Dow for the blacksmith shop on the Santa Fe Road, where he went to get a 
piece of iron belonging to his wagon mended. While there a man by the 
name of Buckley, a companion of Coleman, came to the door and com- 
menced abusing Dow, telling him if he came out he would shoot him. Dow 
immediately went out, walked up to Buckley and put his hand on his shoul- 
der, Buckley lowered his gun and left. The blacksmith having finished 
Dow's work, the latter left the shop and started for home. When he had 
gone about half a mile he came to a house in process of erection, out of 
which Coleman appeared and commenced a course of abuse. They both 
walked along the road till they came to Coleman's house, Dow lived about 
one mile beyond, here Coleman halted, raised his gun and pulled the trigger 
but missed fire. Dow hearing the snap, turned round; Coleman was placing 
another cap in the gun, accomplishing it he once more aimed at Dow, shoot- 
ing him in the breast and killing him on the spot. 

"Coleman then walked into his house, coming out again accompanied 
by Buckley, Argus and Waggoner, they all four walked up and looked at 
the body and returned to the house. It was then about noon and the body 
remained on the road till five o'clock. It was found there by a neighbor 
named Gleason who gave the alarm. Next day a number of men met to- 
gether and searched for the murderer, but without success. 

The Wakarusa L[iberty] Gfuards], of which Dow was a member, held a 
meeting and appointed the following Monday to investigate the circum- 
stances connected with this cold blooded murder. They invited the in- 
habitants from all the country round about to attend. Accordingly a large 
number assembled on the spot where the martyr fell. Many persons were 
examined and many important facts were elicited, all going to prove that 
the murder was part of a preconcerted plan of extermination. Resolutions 
were passed, expressive of the sense of the meeting, after which the mem- 
bers of the military company visited the grave of their murdered brother. 

"No stone marked the spot, but the raised earth pointed out his resting 
place; silently we approached the grave which seemed to say to us "Here 
lies a martyr, be firm and fall like men rather than yield your rights." 
We secretly vowed to stand by our principles regardless of consequences. 
Never did soldiers fire a salute over a braver man; he was an entire stranger 
to fear and the only crime of which his murderers could accuse him were his 
firm Free State principles. 

"Coleman fled to the Shawnee Mission and gave himself up to Gov. 
Shannon, he was placed in the custody of an officer and taken to Lecompton. 
While on his way through Lawrence he got out a peace warrant against 
Jacob Branson, which was placed in the hands of Samuel J. Jones the bogus 
sheriff of Douglas county who proceeded with a posse to arrest Branson. 

"The day which the sheriff had elected to make this arrest, happened to 
be the same day that we went to Hickory Point to examine into the cir- 
cumstances of the murder, and just as we were leaving the ground two or 



The True History of the Branson Rescue. 297 

three well known suspicious characters made their appearance and told us 
that Coleman had given himself up. Their object doubtless was to see if 
the course was clear. 

"About noon of the same day Jones, with his party, arrived at Blanton's 
Bridge, stopped and got dinner and spent the afternoon in smoking and 
drinking liquor, which they brought with them. In the course of conver- 
sation which they had with different people it leaked out that they were 
going to arrest Branson. This fact was communicated to Mr. J. B. Abbott 
as soon as he arrived home from our meeting. He immediately went down 
to hear what he could, and after satisfying himself that the rumor was 
true he procured a horse and in company with S. N. Wood, Esq., started for 
Branson's. At the same time dispatching some others to collect the neigh- 
bors at the house of Wm. Eastabrook. When they arrived at Branson's 
they found that the posse had been there and taken Branson off. The way 
they proceeded was thus described by Branson himself. He said he had 
just retired to rest when some one knocked at the door. Branson inquired 
who was there, the answer came "a friend," and when he said "come in," 
they immediately rushed in filling the house. Jones presented a pistol at 
Branson's head and told him to come with him immediately or he would blow 
him to hell. Branson tried to expostulate but it was of no use, they hurried 
him off scarcely giving him time to dress. They told his wife they were 
going to take him to Lawrence. This he very much doubted, believing they 
intended to kill him as they had Dow. 

"When Abbott and Wood arrived at Branson's, Jones and his party had 
been gone about twenty minutes and, as it was the opinion that they would 
take Branson to Franklin, Abbott and Wood returned by a different road, 
searching and listening, hoping to find the track. In the meantime they 
dispatched a messenger to Eastabrook's requesting all there assembled to 
come on to Abbott's house half a mile south of Blanton's bridge, and it was 
not long before some twelve or fourteen were there discussing the matter. 
They were planning to send two men to Franklin, and if Branson was there, 
one of them was to return to Abbott's house, and the other was to go to 
Lawrence for help, to aid in the rescue. This plan was just arranged when 
some one reported horsemen approaching. 

"Quick as thought every man sprang to his feet; those who had guns 
took them; those who had not, took any kind of weapon they could get. 
Five or six had Sharps' rifles, three or four more had common rifles and shot 
guns, some of which were out of repair. One old Mexican soldier was with- 
out a gun of any kind, but nothing daunted, he seized three or four good size 
rocks and took his place with the rest. 

"The Abbott house was built on the east side of the road, and. the party 
of horsemen were approaching from the south, so that by getting at the 
north end of the house we were out of sight. There we remained until they 
were within three or four rods of us when we filed across the road, bringing 
them to a halt. "Bogus" Jones who was the leader demanded what was 
up : Mr. Abbott replied that that was what we wanted to know and in- 
quired if Branson was there. Branson upon hearing his name replied that 
he was there and a prisoner. Jones said he had him under arrest etc. Abbott 
replied that we did not recognize his authority and told Branson to come 
over to us. Several of the "Bogus" party declared if he moved they would 
blow his brains out. To these threats Branson replied 'I can die but once' 
and so left them. 

"Abbott gave them to understand that the first gun fired would be a 
signal for every one of them to die. They each had double barreled guns 
and revolvers, but not one of them dared shoot. Every one of us held 
our guns to our shoulders ready to fire at a given signal. Branson was 
riding a mule which Jones and his men had taken with them, intending it 
for Branson's use; when he left them he said 'What shall I do with the mule. ' 

"One of our party, Philip Hupp, said 'Let him go to hell,' accompanying 
the remark with a kick on the stern of the beast. Jones blustered a great 
deal, made some severe threats, but not succeeding in this he began to talk 
mildly and said although we had been guilty of a ' high crime ' if we would 
give Branson up he would promise that we should not be punished. We 



298 Kansas State Historical Society. 

told him we had counted the cost and he might do as he pleased. He said he 
was no coward and to prove it he challenged any one of our number to fight 
him. We told him we did not fight for fighting sake. We had accomplished 
our purpose and should not fight unless attacked. S. N. Wood, Esq., told 
them we were 'eastern paupers' and asked them if we were not pretty good 
fellows. After some thirty minutes spent in this way they departed, Jones 
declaring that in less than two weeks he would bring ten thousand men up 
and make us respect his authority. 

"A few more neighbors having by this time arrived, we fell into double 
file and marched to Lawrence to the sound of the drum, arriving there about 
one hour before day. 

"A spirited meeting was held and some strong resolutions passed and 
there the matter rested. . . . " 

John E. Stewart." 



EXPERIENCES OF A PIONEER MISSIONARY. 

Written by Rev. Cyrus R. Rice, 1 of Hartford, Kansas, for the Kansas State 
Historical Society. 

SEPTEMBER, 1855, the St. Louis Conference, Methodist Episcopal 
Church, South, convened in Springfield, Mo., Bishop John Early in 
the chair. At that meeting the Kansas Mission Conference was organized. 
It was composed of two presiding elders' districts and about twenty mis- 
sions, in name, including the Delaware, Kansas, Shawnee and Wyandotte 
Indian missions. Dr. Nathan Scarritt was appointed presiding elder of 
Kickapoo district, and the Rev. William Bradford of Lecompton district. 
The Kickapoo district embraced all the settlements north of the Kansas 
river and the Lecompton district all the settlements south of said river. 
Many of the settlers in both districts were from Missouri and were in sym- 
pathy with the Southern church. Several young preachers of the Missouri 
and St. Louis conferences were sent to organize missions among the white 
settlers. The writer was sent to organize Pottawatomie mission. That 
meant the hunting for settlements, fixing preaching places and organizing 
societies, if possible, on all the creeks in Aderson, Lykins (now Miami), 
Linn and part of Bourbon counties. There were no settlers on the wide 
prairies. 

On the fourth day, in the afternoon, after I left Springfield, Mo., I found 
myself in a village of Wea Indians. I had crossed the line separating Mis- 
souri from Kansas Territory without knowing it. I was in a strange land, 
surrounded by, to me, a very strange people. I had "never seen an Indian 
before. My feelings were indescribable as the naked-shouldered redskins 
gathered about me extending their hands, saying, "How, how," making 
motions, pointing to the sun, saying over and over, "Peoria, Baptiste, 
uh-uh. " I soon concluded to ride on in the way they pointed. I reached the 

1. Cyrus Robert Rice, son of James Porter Rice and Casandra Hearne Rice, was born in 
Lebanon, Wilson county, Tennessee, August 27, 1833. His education was acquired at the Old- 
field Subscription School in Lebanon and the Hickory Grove Academy. Following his father's 
profession, he took up the study of medicine at the Shelby Medical College of Nashville, Tenn., but 
never practiced. The influence of his mother, a most devout Christian, led him toward the min- 
istry, and in 1853 he left Tennessee for Missouri and there united with the St. Louis Conference 
of the Methodist Episcopal Church, South. He was licensed to preach in 1854 and appointed to 
the Thomasville circuit. The next year he came, as a missionary of his church, into Kansas, where 
he has since resided. On March 9, 1856, in Patterson, Mo., he married Miss Lucy Ann McCormick, 
a daughter of William S. and Rebecca McCormick. To them seven children have been born, four 
of whom survive, Charles Hedding, born April 12, 1865, Edwin Tomson, born February 17, 1867, 
Merton Stacher, born September 5, 1872, and Cyrus Olin, born April 4, 1876. 

Mr. and Mrs. Rice live at "Rice's Rest," Hartford, Kan., and on March 9, 1906, celebrated 
their golden wedding. 



Experiences of a Pioneer Missionary. 299 



Peoria village about sunset, and was pointed to a double log cabin which 
proved to be the mansion of Chief Baptiste. 2 He took the stranger in and 
entertained him and several land seekers right royally. I shall never forget 
my first night in Kansas Territory. The chief made me a bed of buffalo robes 
and woolen blankets before an open door. I could see some stars through 
the open door, but they were far, far away. I passed a sleepless night and 
many times thought of the good bed my mama used to make for me in the 
old Tennessee home. I wanted to see my ma. But the long night went 
by, and I saw the sunrise for the first time in Kansas from a hilltop, and 
walked over the ground where the beautiful city of Paola now thrives. 

Chief Baptiste was an intelligent man and could speak good English, 
and gave me much information concerning the settlements I proposed to 
visit. He advised me to go to Osawatomie where I would find a minister 
who would give me all the information I needed concerning the settlements 
on the Marais de Cygnes and Pottawatomie rivers. So I proceeded to 
Osawatomie, then a city of four or five log cabins and a few tents. I also 
found my way to Rev. Adair's 3 cabin. He was a very ardent free-state 
man, and when I introduced myself to him and told him what I was in the 
territory for he looked me over and bluntly said, "We don't want you here; 
you have been sent by the Southern church to help the Missourians make 
Kansas a slave state." That was my first backset, but not my last one. 
I made no reply to Mr. Adair, but turned to a man who was standing by and 
said, "I am no politician, I am a preacher of the gospel of Jesus Christ, 
and stand ready to preach salvation to all men." The man said, "All 
right, you can preach in my cabin once, any way. " And I promised to preach 
in his cabin the next Sunday evening. 

After this interesting episode I proceeded up the Pottawatomie to Dutch 
Henry's Crossing. Henry had a large cattle ranch and was living for what 
money he could make out of his cattle. He had no family, and devoted all 
his time and energy to his almost wild cows and calves. Near the " Crossing" 
I found a local preacher by the name of Barnaby who had taken a claim and 
built a cabin for a home. He had preached a few times in a cabin not far 
from his own, and had preached once in Osawatomie. He and his good wife 
gave me a warm welcome and said, "You can make our house your home 
when in this part of the country." I thanked God as well as the warm- 
hearted couple and took courage. The next morning they urged me to 
stay with them till Sunday and preach for them. I agreed to do so, and 
was glad to have a chance for rest and reading. I spent two good days 
with the preacher's family and my books. Dutch Henry lived in a hewed 
log house, the largest thereabout, and kindly opened it for my first preach- 
ing service in that part of the country. 

Sunday came, and everybody in the neighborhood turned out to hear 
the young preacher. There were about twenty men, women, and children 
present. It was the last Sunday in September, a bright autumn day, that 
I preached my first sermon in Kansas Territory. I used for a text: "For I 
determined not to know anything among you, save Jesus Christ and Him 
crucified." Henry Sherman helped me entertain the congregation by closely 

2. For a sketch and further mention of Baptiste Peoria, interpreter and sometimes Chief 
of the Five Confederated Tribes, see Volume 12, "Kansas Historical Collections," p. 339, note 4. 

3. The wife of the Rev. Samuel L. Adair was Miss Florella Brown, a half sister of John Brown. 



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Kansas State Historical Society. 



watching the pot of beef and turnips he had put over the fire to cook. Twice 
the pot boiled over and the preacher had to wait until Henry could adjust 
the fire. Of course the room was filled with the delightful odor of boiling 
turnips, but the people heard the preaching gladly and urged me to come 
back and preach for them again. This I agreed to do, but I never preached 
in Dutch Henry's house again. 

In the evening of the day above named I preached in Osawatomie to a 
few persons in a small unfinished cabin. I used for a text "God forbid that 
I should glory save in the cross of our Lord Jesus Christ," and tried to show 
the good people who heard me that I was no politician. Several persons 
came forward and greeted me kindly, but no one invited me to be a guest 
for the night; and I went to Geer's hotel for entertainment. I found a hard 
bed in the garret and laid me down to sleep feeling very much like a boy 
without friends and away from home. The next morning, however, a man 
said to me, "Young man, you left no appointment last night; are you not 
coming back some time? The people want to hear you again. You can 
preach in my cabin." I promised him to return and preach in three weeks. 

I then proceeded to investigate that portion of the Territory assigned me. 
I took the course given me to Middle creek. There was no road, and I found 
myself in a little while on the wide prairie, not a tree or bush in sight. As 
I rode on and on I grew lonely and longed to see the stately cedars of middle 
Tennessee. I talked to myself and said, "What is the use of spending time 
riding over these desolate prairies, trying to organize churches where there 
are no people?" But I reached Middle creek in the afternoon and found 
a family living in a clapboard house. It looked like a mansion. I called 
at the door and the man invited me in and asked me to take a chair, with- 
out asking me any questions. I doffed my plug hat and told the man and 
his wife who I was and what I was aiming to do. They gave me warm hands of 
welcome and invited me to stop that evening and preach for them. Of 
course I accepted the invitation, for I was glad to be near some trees. It 
did me good to go to the creek and stand in the shade of the beautiful elms. 
I sat down under one of them and read till sunset. A boy was sent out to 
tell the settlers near that there would be preaching that evening at the 
house of Philologus Thomas, the name is not fictitious, at "early candle 
lighting," which was the hour for evening preaching in those days; there were 
ten or twelve persons present to hear their first sermon in Kansas. With 
one voice they invited me to return and preach for them again; and I prom- 
ised to do so. That house became a permanent preaching place, and I 
eventually organized a society there. 

The next day I rode over to Big and Little Sugar creeks in Lynn county. 
The first settlement I reached consisted of two families. The men had 
taken claims together and were building cabins. In the meantime they 
were living in tents, using wagon boxes for bed rooms. When I told them of 
my mission they wanted to know if I would not preach for them then and 
there. In a few minutes nine persons, counting some children, were seated 
in one of the tents, and I stood in the door and preached to them. The 
poor women looked as though they were in distress and declared they did 
not like to leave their good homes in Illinois and live in tents. So I read for 
a text, "Comfort ye, comfort ye my people saith the Lord," Isaiah 41:1. 
The good people thanked me for the sermon, and never said a word about 



Experiences of a Pioneer Missionary. 301 



their own or my politics. I later renewed acquaintance with one of the 
families and stopped at their cabin more than once. They claimed the 
beautiful German name, Neiswanger. The other family became discouraged 
in a short time, sold their claim, and went "back to wife's people." 

Bidding the tent-dwellers good-bye I proceeded down Little Sugar creek, 
and about sunset found an unusually large cabin occupied by a family of 
Missourians. They had brought a flock of chickens with them, the first 
I had seen on my round. Just as I rode up to the cabin door the chickens 
began to fly and cackle, and the man of the house rushed out gun in hand 
calling as he passed me, "Some beast is after my chickens and I must look 
after them." I sat on my horse and waited for his return. He was back in 
a little while, and rudely asked, "Whar are you frum?" I told him who 
I was and what I was wanting to do, when he looked at me, I thought, 
somewhat fiercely, and said, "Now I know what was the matter with my 
chickens; they was skeered at you. You are the fust preacher that has been 
in these diggins." Then he invited me to "Git down and stay all night." 
I accepted the invitation, dismounted and took the saddle from my horse 
tying him beside the man's team on the south side of a haystack. I then 
gathered up my overcoat and saddlebags and followed my host into the 
cabin. He introduced me to his wife by saying, " Mandy, here's a preacher 
cum to stay all night with us; have you got anything fur him to eat?" 
She answered, "We'll do the best we kin fur 'im." She turned to me and 
said, "Now jist make yourself to hum," and went about her evening's work. 

After supper I excused myself because I had a hard lesson to get out of 
Watson's Theological Institutes, and seated by a table with a tallow candle 
for light I gave some time to reading and writing notes on the lesson. At 
length Mr. Long said, "I suppose, parson, you will want to pray before we 
go to bed, if so, pray now and we'll go to bed and you kin read as long as 
you want to." After the prayer a ladder was brought in and set up by an 
opening in the loft, and the children climbed to their beds. The man and 
Tiis wife retired to a bed in one corner of the room, and the preacher found 
a spare bed in the other corner. The beds in the room were surrounded with 
curtains. 

The man was up in the morning at an early hour, and made a log fire 
over which his wife cooked a good breakfast for us, and we were all up and 
at the breakfast before the sun was up. For the first time in the territory 
I had eggs for breakfast. My host said if I would return and preach for 
them he would not charge me for entertainment; and I promised to return 
in four days and preach in his cabin. After getting the course to a settle- 
ment said to be near the head of Little Osage river, I bade the family good- 
bye and set my face in that direction. 

I reached the locality sought by the middle of the afternoon and found 
a Methodist family living in a good cabin. As usual, I told the man and 
his wife what I was there for, and received a heart-cheering welcome. They 
urged me to stay with them over Sunday and preach for them. I consented, 
and soon found myself comfortably situated and at my books. I was glad 
to have two whole days for study. In those days I gave every possible 
moment to a course of study assigned to young preachers, knowing I had to 
stand before a committee of examiners at the next conference. I kept my 
library in my saddlebags, as well as my linen and underwear. I was the 



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Kansas State Historical Society. 



Sunday, a beautiful autumn day, came and I preached to a congregation, 
of twenty persons,